Custody or access to children is a legal term regarding guardianship which is used to describe the legal and practical relationship between a parent or guardian and a child in that person’s care. Child custody consists of legal custody, which is the right to make decisions about the child, and physical custody, which is the right and duty to house, provide and care for the child.
Divorce tears no parts of a family apart, leaves no party feeling helpless and confused, quite as it does to children.
The various types of custody
Unfortunately, custody often quickly becomes the most contentious, bitterly fought portion of the settlement. You’re fighting for the right to be the primary decision-maker in their lives, and the court can assign custody in one of four ways as seen fit:
SOLE CUSTODY: Only one parent cares after the couple’s children.
JOINT CUSTODY: As long as both parties demonstrate cooperation and can agree on the most important decisions, the court will award joint custody.
SHARED CUSTODY: Both parents agree that they will spend a minimum of 40% of their time with their children.
SPLIT CUSTODY: This is a rare scenario, as courts will avoid splitting up children at almost any cost. When it occurs, though, one parent assumes custody of one or more children and the other assumes the custody of one or more others.
The court will typically grant the non-custodial parent some extent or another of visitation access, unless serious concerns arise about one parent’s ability to effectively and safely care after the children. When circumstances give rise to tension, the court may compromise on supervised visitation to further guarantee the children’s safety.
More than assets or property, your rights to be a part of your children’s lives are the ones most worth protecting in these emotional proceedings. Contact Saggi Law Firm today.