Child custody is a legal term regarding guardianship which is used to describe the practical and legal relationship between a guardian or parent and a child in that person’s care (Source; Wikipedia). There are two types of child custody arrangements; such as legal custody, physical custody.
Child custody has several components; generally, child custody refers to a legal agreement where and with whom a child lives and how decisions are made. Also here; courts usually made two major determination in custody cases.
Child Custody Arrangements
- Legal custody
- Physical custody
Here, the parents make long term decisions, that’s why legal custody is also called decision-making authority. These parents make a decision about; education, health, religion up the rigging, care, and welfare, and other important areas who childlike.
The court award legal custody in two ways. Joint legal custody; in which parent makes a decision together. Court some time award joint legal custody and select the parents to make a final decision if they can’t agree. This is called the tie-breaker authority.
The second legal-custody way is sole legal custody in which one parent makes long-term decisions without having to come to an agreement with the other parent. In the other parent isn’t entitled to information about child care and welfare, schooling, and other decision been made by the child, that parent still makes everyday decisions when there are with the child.
The second determination about child custody is physical custody also called parenting time. This refers to where a child lives and how much time they spend with each parent. Shared physical custody means that the child spends significant time with each parent. That doesn’t always mean a fifty-fifty arrangement.
Here, Primary physical custody means that the child lives primarily with one parent and spend schedule time with the other parent. That schedule time is called visitation and is not expect parenting time.
However, during your custody case, you will hear people refer to the best interest of the child standard. If a court makes the final decision about custody. It must consider the child’s best interest.
Difference Between Magistrates And Judges
Also, you should know the difference between magistrates and judges. A magistrate is a court officer who huge family cases and makes recommendations. If a magistrate hears your case, a judge must prove the recommendation, before they become, ‘the custody order’.
If your cases before the judge, the judge’s decision becomes the custody order. The order remains in fact unless it replaces by a new or modified order. Also, the term ‘child custody’ refers to where the child’s lives and who makes a decision about the child.
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