Child Custody Information at Total Lawyers

One of the most important and emotional issues in a pending divorce is the matter of child custody. Total Lawyers has compiled information that can assist you with a better understanding of child custody and the factors involved.

If you are in need of legal counsel to assist you with your child custody case, let Total Lawyers connect you with a family lawyer in your area. All you have to do is complete our divorce case review form or give us a call at 877-421-3761 and we'll put you in touch with a local sponsoring family law attorney.

Child Custody Basics

As a parent, it is important that you to understand the different types of child custody:

Physical Custody: Having physical custody involves control over the living arrangements of your child. Some states will award joint physical custody to both parents when it is established that the child spends a significant amount of time with both parents.

Legal Custody: If you have legal custody of a child that means that you have the right to make a decision about the child's upbringing. If you have legal custody, you can make decisions, for example, concerning a child's schooling, religion, and medical care.

Sole Custody: This form of custody involves one parent having the responsibility for the care and raising of a child. Most states are moving away from awarding sole custody to one parent and toward enlarging the role of the non-custodial parent. In this type of situation, one parent would be the primary physical caretaker and the other parent would have visitation rights.

Joint Custody: Parents who have joint custody will share the decision-making responsibilities for, and/or physical control and custody of, their children. Joint custody can exist if the parents are divorced, separated, or no longer cohabiting, or even if they never lived together.

Factors Considered When Awarding Child Custody

When making decisions concerning the custody of a child, courts may consider the following:

• The parents' ability to agree, communicate and cooperate in matters relating to the child
• The parents' willingness to accept custody
• Any history of unwillingness to allow child visitation not based on substantiated abuse
• The interaction and relationship of the child with its parents and siblings
• The history of domestic violence, if any
• The safety of the child
• The safety of either parent from physical abuse by the other party
• The preference of the child when of sufficient age and capacity to reason so as to form an intelligent decision
• The needs of the child
• The stability of the home environment offered
• The quality and continuity of the child's education
• The fitness of the parents
• The geographic proximity of the parents' homes
• The extent and quality of the time spent with the child prior to or subsequent to the separation
• The parents' employment responsibilities
• The age and number of the children

Speak with a Family Lawyer

If you would like to schedule a consultation with a family lawyer to discuss any child custody concerns you may have, give us a call at 877-421-3761 or complete our divorce case evaluation form. We will quickly connect you with a sponsoring family lawyer in your area.