Protect Your Rights As A Parent
When getting divorced, one of the most difficult areas to agree upon is child visitation and custody, which can bring up a number of financial and emotional issues. With the help of the attorneys at Miles Hansford & Tallant, LLC, in Cumming, you can determine the right custody agreement for your child while maintaining your rights as a parent. Listed below are the different types of custody and the factors that will be considered when determining custody in divorce cases.
Types Of Custody
Custody can refer to both legal and physical custody of a child. Physical custody refers to where a child lives, while legal custody refers to the right to make decisions about a child’s religion, education and other factors in his or her upbringing. Each type of custody may be shared or granted to a single parent, depending on a number of different factors.
Sole physical custody means that a child will live full time with one parent, and this may occur with sole legal custody or shared legal custody. In situations where one parent has sole custody, visitation agreements may still be made to allow the noncustodial parent to maintain a relationship with his or her children. Child visitations may be supervised or unsupervised.
When both parents are fit and capable, it is often best to continue shared custody. Joint schedules are generally determined by the child’s needs with consideration of each parent’s work schedules and housing arrangements.
Factors In Full Custody
If you are seeking sole custody in your divorce or separation, you will need to prove that the other parent is unfit due to a drug or alcohol dependency, history of domestic abuse or history of criminal activity. Even in cases where these factors are present, the noncustodial parent may still be granted supervised visits by the court.
Because a child’s needs will change as he or she gets older, or a parent’s financial or personal circumstances may change, custody modifications can take place well after a divorce is finalized. Child support may also be subject to modifications, as the financial standing of one or both parents can change through time.