Child custody laws differ by state, but some aspects are almost universal. Child custody rights are the rights parents have after a custody hearing, enabling them to make decisions for their children. In the article below, you will find a brief explanation of child custody law.
Understanding Custody Laws
There are two types of custody: physical and legal. Physical custody refers to the parent with whom the child lives; legal custody refers to the parent who has the right to make decisions on a child’s religion, education and medical care. In custody disagreements, legal custody is usually the primary concern. Legal custody has two subcategories: sole and joint custody. In sole custody cases, one parent has total custody; in joint cases, both parents get some legal and physical rights. Your Child custody lawyer Sierra Vista can help you reach a fair settlement that protects your interests and those of your child.
Determining Custody
Courts consider many factors when awarding child custody, but the final decision depends on the child’s best interests. Below are the factors a court usually considers:
* The parents’ physical condition
* The parents’ emotional health
* Prior abuse allegations
* Parents’ financial situation
* Parents’ educational status
* The child’s parental relationships
Visitation
Under custody laws, non-custodial parents are still allowed to see their children. This is known as visitation, and it’s usually the parents’ responsibility to agree to a schedule. However, courts can intervene if parents cannot reach an agreement. There are two visitation types, and yours depends on your relationship’s status. Unsupervised visitation means that you can see your child without the presence of another person; supervised visitation means that there must be a third party on all visits.
Child Support Matters
Child support is another large part of child custody law. Support is payments made by non-custodial parents to help defray the cost of raising a child; if custody is shared, so is child support. These payments can be used to pay for clothing, housing, food, education and other childrearing expenses. Support payments are calculated differently depending on where you live, and you’ll need a Child custody lawyer Sierra Vista and a court order to modify them.
The Law Offices of Joseph Mendoza is a full service law firm that aggresively represents clients in child custody and many other family law areas.
