Divorce Custody Rights
Divorce and custody issues typically go hand-in-hand with one another. Divorce is seen as a judicial declaration dissolving a marriage and releases both the husband and wife from all matrimonial obligations. When the husband and wife have children with one another things can get complicated. Divorce custody rights must be determined and a parenting plan must be enforced.
Different types of child custody
The first thing that co-parents must understand is that there are multiple types of custody that can be awarded. Both physical and legal custody must be determined in a custody agreement. Physical custody is seen as the day-to-day caretaking responsibilities of the child. Typically, the co-parent that has physical custody of the child is seen as the primary custodial parent and the primary residence of the child. Legal custody has to do with the important decision-making responsibilities for the child. This includes decisions regarding health care, education, religion, and so on. Both of these types of custody must either be awarded to both co-parents as joint custody or to one co-parent as sole custody. Joint custody is just as it sounds; both co-parents share physical custody or legal custody of the child. If co-parents are granted joint custody of the child, they will typically share physical custody of the child but do not always share legal custody of the child. Sole custody can be simply described as a single co-parents having legal custody or physical custody of the child.
How are divorce custody rights determined?
Divorce custody rights for each co-parent are typically dependant on the state that the divorce and custody cases are being held in. It is important for co-parents going through a divorce or custody case to contact a family law professional in the area that they live in order to receive the best possible legal advice. Although most states may vary a little when it comes to custody laws and common practice, they all have similar ideas. Most family court systems throughout the country hold the best interest of the child above all other factors in custody cases. The factors that the court will look to in order to determine the best interests of the child are typically the issues that differ from one another by state.
Divorce custody rights and child support
Child support is defined as a continuous, periodic payment made by either co-parent for the financial care of their child. Child support payments can be enforced in the instance of a divorce, separation, dissolution of marriage, or annulment. Child support payments can sometimes be dependent on the type of custody arrangement that has been awarded to the co-parents. When one co-parent has sole custody of their child, the non-custodial co-parent is typically ordered to pay child support to the custodial co-parent. When joint custody has been awarded to both co-parents, the child is considered to have two custodial parents. In this case, the custodial co-parent with a higher income may be required to make child support payments to their co-parent.
The OurFamilyWizard website® is dedicated to providing co-parents with the tools and resources they need to easily manage their divorce custody rights and agreements. For more information on how the OurFamilyWizard website® can help with managing your divorce custody rights and agreements, please visit the Child Custody and Divorced Parenting page for more information.
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