There are two main types of child custody, legal and physical. Physical custody means the place where the child resides. Legal custody of the child pertains to the vital decision-making power of parents regarding the child. According to Leo Mongillo...
There are two main types of child custody, legal and physical. Physical custody means the place where the child resides. Legal custody of the child pertains to the vital decision-making power of parents regarding the child. According to Leo Mongillo Child custody is the authority given legally to make decisions on behalf of a child whose parents live separately. The custody is usually agreed upon amicably by the parents outside the court. The agreement needs documentation to avoid any confusion in the future. When the parents do not decide the terms of child custody, they move to court. The court makes a decision about the terms for child custody based on the following points:
Oops! This image does not follow our content guidelines. To continue publishing, please remove it or upload a different image.
The best interest of the child:
The court takes any decision after considering the best interest of the child. The court wants the child to have a happy childhood. The court listens to the plea of both parties before concluding. The court will do what is best for the child irrespective of the arguments made by the attorneys.
Parent-child relationship:
The court awards custody to the parent, closely bonded with the child. Each parent has a different kind of bond with the child. The court will observe the bond and decide whether to give joint or sole custody of the child. The child needs an environment where they feel safe and protected.
Parenting abilities:
Parenting is no rocket science, but one has to develop skills to manage a child's physical and emotional well-being. The court looks at the parenting abilities before deciding on the child's custody.
The health of the parents:
The court has to ensure that custody of the child is given only to the parent who is mentally, physically, and emotionally healthy. A healthy parent can provide much-needed stability to the child after separation. The child needs all the support that a parent can provide. Only a healthy parent can take care of a child properly.
Support System:
The separated parents and the child need a support system. The emotional support system that a single parent will have also plays a vital part in the decision. Grandparents and other close relatives involved in the life of the single parent ensure that the child is cared for. The support system helps the parent cope with the emotional distress of a broken marriage.
Siblings:
Siblings are kept together when parents separate. The siblings are separated only under some special circumstances.
Primary Caregiver:
The parent who was the primary caregiver before the separation has a better chance at getting custody of the child. The court believes that the parent who cared for the child before separation can continue even after the divorce.
Choice of the child:
The court appoints an officer to ensure that the wishes of the child are considered before deciding the child's custody. The child can choose to stay with either of the parents once he turns 12 years old.
When things get ugly between the parents, they stop thinking straight. A family lawyer works things out between the couples so that the child does not suffer. A family lawyer does what is best for the whole family. Leo Mongillo law firm is a firm that specializes in family law and represents its clients in court whenever required.
