Overview Child Custody Arrangements

During the starting phase of child custody arrangement we need to consider different alternatives regarding different types of possible custody arrangements. For example, both of the parents might want to work out an arrangement under which you both make decisions on the child's upbringing and wellbeing. This type of arrangement is called "joint legal custody" in most states. Or, you may sense that your counterpart is currently unfit or incapable of any parental responsibility, in that case you may wish to have sole custody of your child.
Custody Types
1. Legal Custody grants a guardian the right to make long-standing decisions about the future of a child, and key aspects of the child's wellbeing - including education, medical care, dental care, and religious instruction. In most of the cases, joint legal custody is awarded to both parents except it is revealed that one of them is unfit, or is unable of making right decisions about the child's upbringing. Legal custody is different from physical custody, which involves issues such as where the child will live.
2. Physical Custody of a child gives the right to grant everyday care for the child. When a physical custody is granted to a parent then he dictates about the living location of the child. Recent custody provisions give physical custody to custodial parent and grant visitation rights and shared legal custody to the non-custodial parent. Usually, visitation rights offer the non-custodial parent exclusive time with the child every other weekend, alternating major holidays, and a number of weeks during the vacations.
3. Sole custody of a child has exclusive physical and legal custody rights regarding the child. Sole guardianship arrangements are very rare, and are generally restricted to situations where one parent has been deemed in poor condition or unable of having any form of responsibility over a child -- for example, due to drug addiction or proof of child ill-treatment. In sole custody situations, the child's non-custodial parent has neither physical nor legal custody rights, but may be entitled to periods of visitation with the child.
4. Joint custody has two phases: joint legal custody and joint physical custody. A joint custody order can have one or both parts.
Joint legal custody refers to both parents sharing in major decisions affecting the child. The custody order may describe the issues on which the parents must share decisions.
Joint physical custody refers to the time the child spends with each parent. The amount of time is flexible. The length of time could be relatively moderate, such as every other weekend with one parent; or the amount of time could be equally divided between the parents. Parents who opt for equal time-sharing have come up with many alternatives such as: alternate two-day periods; equal division of the week; alternate weeks; alternate months; and alternate six month periods.
Sometimes neither parent can correctly assume custody of the children. Possibly because of substance abuse, a mental health problem, and absence or incarceration. In these situations, someone other than the parents may be granted custody of the children or given a temporary guardianship or foster care arrangement by a court

The author is an SEO cum Technical writer associated with Naperville Divorce Attorney

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Child Custody Questions and How the Answers Will Help You Win Custody of Your Kids

The world of child custody can be very daunting and actually very mind boggling for most parents. Add to that the stress and depression of not having your kids with you or going through a divorce and we are talking meltdown for a lot of people. If you are in a custody battle for your kids then having answers to your child custody questions is a critical first step if are to succeed.
In this article I'm going to go over answers to some of the most common child custody questions from parents like you.
A common mistake parents make is rushing out and hiring the first lawyer they find an relying on their expertise completely to win their custody battle. Unfortunately even attorneys don't have all the answers to child custody questions or they are not up to date with the most current strategies. That is why your first step to winning custody of your kids should be research. With the age of the internet, research is a whole lot easier than it was in the past.
I've put together some of the most common child custody questions:
1. What are the different types of child custody

• Joint Legal Custody - Both parents are entitled to make major decisions about their children's lives (health, education, etc.)
• Sole Legal Custody - One parent alone has complete legal authority to make major decisions for their children.
• Sole Physical Custody - Is when the child lives with one parent on a regular basis with the other parent having visitation rights.
• Joint Physical Custody - Is when the child lives with each parent for a substantial part of the year (not necessarily 50/50).

2. What standards do the courts take into account when determining custody? The overwhelming principle is the "best interest of the child"
3. How does the court decide the "best interest of the child?" Depending on your child's age, the primary factors of determining the best interest of the child are

• The child's interactions and quality of relationship with his or her parents.
• The child's involvement in his or her school and neighborhood and whether placement with either parent would disruptive.
• The health (mental and physical) of the parents.
• The parent that is more likely to encourage and facilitate custody visitation rights of the other parent. (This is a big one)
• The residence location of either parent in relation to the child's existing city or state and/or if one parent is planning to move too far away.
• Whether or not either parent has made process of making child support payments difficult.
• The wishes of the child (depending on age) but this will not hold a lot of weight unless the child is older.

4. Do children get to choose which household to live in? Basically, No. Judges will definitely consider their wishes depending on age but will not base custody solely on a child's preference.
5. Can my child be used as a witness in court? Yes they can. Most states give some consideration to the child's wishes.
6. Is the mother more likely to get custody? Yes, even in today's society. There are many exceptions though and fathers are gaining more custody rights as time goes on.
7. If joint physical custody is awarded, does that mean no one pays child support? Absolutely Not. Child support is determined separately from custody arrangements and is based on levels of income.
8. If my spouse is behind on child support can I restrict visitations? Definitely not. Visitation rights and child support are treated separately. You still must honor the visitation agreement and then pursue child support separately.
9. Can I stop paying child support if my spouse won t let me see my kids? No. You must still pay child support and pursue a contempt violation of the custody agreement separately.
10. What is the purpose of a custody evaluation? The primary function of a custody evaluation is to assist the court in determining what arrangements will meet the best interests of the child. They consider family and individual factors that may affect the physical and psychological interests of the child.
11. What if my ex has sole physical custody and wants to move out of state with the kids? A custodial parent must petition the court to change the custody order and ask for permission to leave the state with the child.
One of the keys to winning custody of your children is being prepared and organized. Don't leave everything up to your attorney. By doing your own research and being a partner with your attorney, you can significantly increase your chances of winning custody of your children.

If you need answers to your child custody questions to win custody of your kids, then please check out my website at http://www.CustodyCenter.org Get prepared and arm yourself with proven strategies that will significantly increase your chances of winning custody of the most important people on this earth, Your Children. Write this motto down, "If you persist you will succeed."
I wish you all the best,
Travis Scott
CustodyCenter.org

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