Law

Different Categories of Child Custody

Every child requires proper education, emotion and medical facilities. But when the parents are in a sour relationship they tend to get separated. In most cases they file for a divorce. Then comes the question of who will have the custody of the child or children. In simpler words, with which parent shall the child be living physically. The benefit of a child always lies if a joint residency is preferred. He or she requires love and care of both the parents. But this is not true in all cases.

The parent who is more competent than the other is always preferred to have the custody. There are many specific laws and acts that are needed to be taken into consideration before a proper decision is made. To proceed with these legal procedures an attorney can be a true guide for the parent. The Toledo child custody lawyers are experienced and thorough in this jurisdiction. One can use their expertise in claiming the custody of their respective child according to their needs. The guardianships can be categorized in the following types:

  • Legal: This kind of residency guardianship allows having the right of taking decisions in the growth and development of the child. This may include his schooling decisions, religion and medical needs to name a few. If one parent don’t involve the other while taking major decisions, in a joint legal custody, the excluded parent can again move to the court.
  • Physical: When the court gives physical custody of a child to a parent, it means that the child can live with the said parent. In other words, the child lives in the same residence as the parent who has his/her custody. In some cases, when joint physical guardianship is granted, the child can live with both the parent for a stipulated time period. This sometimes is difficult if both parents don’t mutually agree to live close by. Different locations which are far apart from each one, makes it difficult for the child to lead a normal life.
  • Sole: If a parent is unfit to have the guardianship the court might give the custody to the other parent exclusively. The deserving parent can ask for either sole physical custody or sole legal custody. Here, the parent can take all the decisions related to the upbringing of the child without consulting the other parent. The child also gets to stay with the deserving parent physically. In such cases, sometimes the other parent is given visitation rights under a listed agreement by the court. He/ she have to abide by these rules.
  • Joint: Shared custody is given to those parents who don’t live together. They share all the responsibilities of the child. The take the decisions mutually. In such cases, the parents agree to a pre-determined schedule which both can follow. Like the working hours, housing facilities, and other needs of the child. The child can split his time between each parent may be alternate months or half-yearly. One can also choose either to speed the weekdays with one parent and the weekends with the other one. Such kinds of arrangements can be done mutually keeping the child’s welfare in mind.
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