Child Custody is a tricky issue in many families. The topic of child custody is complicated as the emotions are high when dealing with children. The problems surrounding care of the child is stressful, and most people make poor decisions as they fear to lose their children. People are perplexed and have several doubts regarding child custody, here are a few things you should know.
Parents have equal rights: When child custody is involved both the parents have equal rights, unless a family court has passed an order. Either of the two parents can ask the court to assign one of them the custodian of the child.
Who gets custody?
The parent who can provide a stable and safe life for the child is most likely to get the custody of the child. Some states have certain policies where a child below a prescribed year is handed over to the mother, but most states no longer follow it and there is no gender-based discrimination. Some states also follow joint custody.
Legal and physical custody: There is a huge difference in physical and legal custody. Parents can also jointly have legal custody to enable them to make critical decisions benefitting their children. The parent who does not have physical custody will have legal custody, but the parents would be given rights to visit. The physical custody of the child is given to one of the parents to make things smooth for the child. The court checks for different factors before judging regarding the custody of the child. The court might also take into consideration the preference of the child if he/she is old enough to decide.
But always make sure to consult the best attorney to get a clear idea regarding child custody.