Child custody legally means having care and control of children. If you are separating and have children, custody and visitation rights will probably be among the most important concerns. However, other important issues that may be decided include decisions regarding the child’s education, religion, and health care issues. Usually the children live all the time, or most of the time, with the parent who has custody. A parent who does not have custody will usually have rights to visit with the children at set times, and rights to ask about the children. This is usually called access.
Types of Child Custody:
1 Joint Custody – Sometimes only one parent will have custody and sometimes parents will have what is called joint custody. Both parents with joint custody legally have care and control of the children, and share in the important decisions about how the children are raised. Joint custody can mean that the children live part of the time with each parent, or that the children live with just one parent. Because joint custody requires a lot of co-operation by both parents, there may be hesitancy on the part of the court in making an order if there is significant friction between the parents.
2 Shared Custody – When children live with each parent at least 40% of the time, this is referred to as shared custody. Depending on the amount of time the children spend with each parent, special provisions may apply to the calculation of child support.
3 Sole Custody – If one parent has sole custody, it means the child lives permanently with that parent. The other parent may have access rights. It also means that the parent with sole custody can make all of the important decisions about the child. This is the case even if the other parent disagrees.
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