There are various forms of custody. After a divorce or legal separation, a child’s living arrangements are referred to as physical custody. It’s crucial that both parents are aware of what these phrases represent and how their custody agreement may be used to impose obligations on them.
Depending on the situation, different agreements will be made for child custody and parental rights. Prior to a custody dispute, parents should be aware of the different types of custody.
The physical custody of a kid is described in general terms in the paragraphs that follow. In the broader context of custody disputes, it also analyzes what physical custody entails.
How Does Physical Custody Work?
The legal and practical obligation of a parent or guardian to give a kid a home is referred to as physical custody. It is frequently decided in family court as a component of a custody dispute. A custody agreement or court decree specifying the parameters of custody may be used for this.
The child’s everyday residence is referred to as having physical custody. It involves making choices on the child’s daily schedule and upbringing, including food, clothing, and bedtime. The court has the discretion to award sole physical custody to one parent. Physical custody may also be shared by both parents. Legal custody is distinct from physical custody.
Legal custody is the authority to make crucial choices regarding a child’s upbringing. Decisions about extracurricular activities, healthcare, and education may fall within this category. A single parent may also be given sole legal custody by the court. Joint legal custody is another option when both parents share custody.
The Child’s Best Interest Standard
The child’s best interests will ultimately take precedence when deciding who will have primary custody of your child. This is the fundamental principle when considering custody arrangements.
This criteria is used by the courts to decide what arrangement will best serve the needs and interests of the kid. The courts will take into account things like domestic violence and drug abuse. When deciding on legal and physical custody, they will also take into account each parent’s capacity to make important choices for the kid.
Schedules for custody and visitation will also be outlined in the parenting plan. The custody arrangement is used to calculate child support. Every child custody dispute is framed by the best interests of the kid criteria. It is utilized to make sure that the welfare of the child comes first.
Right to visitation
The majority of contemporary custody agreements favor joint custody between the parents. This holds true unless one parent is deemed “unfit.” A parent is referred to as “custodial” if they have primary physical custody. The “non-custodial” parent is the other parent. They might be given visitation (sometimes known as “parenting time”) rights.
Some states also provide grandparents certain visitation privileges.
But occasionally, the court will grant sole custody to one parent. A parent who is granted sole custody of a kid has the child’s sole physical and legal custody.
Only when the other parent is deemed unsuitable or incapable of raising the child does the court normally grant sole possession. Abuse, drug addiction, and criminal activity are a few examples. The court might provide the other parent some visitation if one parent had sole custody, but it would be far more restricted than in a shared legal/physical custody arrangement.
Do You Need Assistance With a Physical Custody Dispute? Get Legal Assistance Now
A decision about physical custody is usually problematic emotionally. An experienced lawyer will understand how to cooperate with the court to obtain the greatest result for your child. They may be able to offer you useful legal counsel relevant to your particular circumstance.
Find a family law attorney in your area who has experience resolving custody disputes by starting your search right away.
Speak With Our Guardianship Lawyers in Arizona
Contact Canterbury Law Group today if you need an experienced child custody lawyer or guardianship lawyer in Phoenix or Scottsdale, Arizona to help with your case. Our experienced family law attorneys will work with you to achieve the best outcome for your situation. Call today for an initial consultation! 480-744-7711