When you are proceeding with a divorce, it will be necessary to decide who your children would live with. A child custody attorney could help you discuss this, be it by settlement or through legal action. The judiciary decides where the child would go if the parents are unable to come to an understanding.
The Forms of Child Custody
Child custody is associated with a parent’s legal entitlement to decide certain essential choices for their offspring’s well-being. For instance, determining where the child would attend school if they would partake in religious affairs, and if they could seek medical attention are just some of these decisions.
Joint Custody and Sole Custody
When a child’s legal custody is divided between two parents, they are said to have joint guardianship over their child. Else, if just one parent sets the essential decisions for their child, without considering the other parent’s thoughts, they are said to have sole custody.
It should be noted that joint custody does not entail joint corporeal; these are two discrete concepts.
This covers the residence where a child would preside following the divorce. If they live only in one parent’s home, that parent may be known as the custodial parent. Hence, s/he would have the legal entitlement to have their child live with them. The other parent would be referred to as the noncustodial parent, who may often have visitation privileges.
It doesn’t necessarily mean that a parent would have shared physical custody too.
Joint Corporeal Custody and Sole Corporeal Custody
In joint corporeal custody, the child stays with both parents for equal (approximate or otherwise) periods, wherein the parents would be having joint corporeal custody over them.
However, if the child lived exclusively with one parent, that parent would have sole corporeal custody, and the other would reserve visitation privileges.
The Procedure to Granting Child Guardianship
In all provinces, child custody is set by the judiciary in accordance with what is best for the child. They consider many factors, which are different in every area. You could try looking up the web or consulting a lawyer to ascertain the exact elements that would be taken into account for your child’s case.
As a general rule, parents have joint legal custody over their child. However, if one of the parents is regarded as incompetent or irresponsible, or if the parents rarely agree on decisions, only one parent could have sole custody. The same will apply if it is considered best for the child to be with one parent only.
As mentioned before, the child’s best interests are pivotal to determining which parent wins corporeal custody over their child. The factors that influence this include the mental attachments between the child and each guardian, the latter’s capability to provide for them, the child’s age and well-being, any records of a domestic disturbance, and so on.
Members of the judiciary commonly make an attempt to divide custodial time evenly between the two parents, as doing so would enable the child to retain a sincere familial relationship.
However, should any domestic violence record be prevalent in a case, the judiciary would rule in favor of sole custody. If the other parent reserves visitation entitlements, this would often be accompanied by authorized monitors.
Single Parents and Child Guardianship
Parents’ marital status does not affect their legal entitlements to file for custody of or visitation with their children. If the parents are wedded, they are automatically regarded as the legal guardians of any children born during their matrimony. As such, they can file for custody or visitation as long as they hold on to their parental claims. For homosexual couples, a second-parent adoption may be preferred should they wish to strengthen their parental entitlements.
However, if a couple is not engaged in matrimony, the tribunal shall award either joint or sole custody. They shall also be required to mediate if one parent questions the other’s parental claims.
As a general rule in most states, the statute does not seek parents’ identities if a child is born out of wedlock. The mother would be sought, but the other parent shall be required to provide proof of their identity. Single couples could be biological parents, legal guardians, and so on. This depends on the family situation as well as the legislation laid down by the state.
It could be challenging to prove your identity as a parent. Local laws may also be different from one another. Hence, it would be ideal to consult an accomplished family law solicitor if your ex-partner questions your parental claims.