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by: Patricia Strasser
Legal custody, physical custody, sole legal custody, sole physical custody,
joint legal custody, joint physical custody, bird's nest custody, and temporary
custody are the basic child custody used in family court.
Several child custody options are established in a family court. It is important
for a parent to know their difference, as well as the every type of custody to
fully practice their parenting right during a trial in a family court. The major
components of child custody is primarily divided into two:
Legal custody
This is the legal authority of the primary parent to provide major decisions for
the child. Major decisions include the choice of education, religion, residence,
and medical options.
Physical custody
Physical custody is where the child or children will physically stay or reside
generally. This is granted to the legal authority where the child or children
will stay, sleep, eat, live, and etc.
The major components of custody will be more specified to the actual effect of
common combination of child custody:
Sole legal custody
Also referred to as full custody, where the primary parent is granted with 90%
of the child's time. The primary parent makes the final decision regarding
education, health care, religion, residence and etc. The other parent of the
other cannot have a right to such major decision for the child and is also
granted visitation rights or depending on the court's decision.
Sole physical custody
The custodian is granted the rights for the child to physically stay with him or
her. It is his right to have the child reside in his place. In most cases the
other parent will only be given a limited visitation right.
Joint legal custody
It is a grant where both parents have an equal right in making major decisions
in behalf of the child. In cases where both parents do not agree on the same
major decision, the court provides the decision for the child. In most cases the
court usually give its side to the primary parent having the primary physical
custody. It is possible for both parent to share joint legal custody even
without the joint physical custody.
Joint physical custody
Joint physical custody is also referred to as "shared custody" or "shared
parenting". The set-up is granting both parents the right as "Primary
custodian". The child or children will reside with both parents on an equal
given time agreement.
Bird's nest custody
It is the custody where the child will live in a single location and both the
parents are granted equal rights for a rotating residential schedule. For
example the mother may live with the child's residence during weekdays only,
while the father may live with them during weekends.
Temporary custody
Temporary custody is the grant of a parent to temporarily have the custody
rights while the litigation of a divorce trial. This is a common tendency for
the court to grant such custody until the divorced is finally ordered.
In most cases, the court will usually favor the primary parent. As much as
possible to avoid any settlements with the granted custodian against the court
ruling to avoid conflict.
The Effect of Divorce on
Children
A blended family introduces a number of issues including family system
disruption, reduced resources, step family member conflict and the parental
conflict.
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About the Author:
Always refer to a legal attorney for any custodial advice. If you opt for some Sacramento family law attorneys, you can search for them at http://www.keeganmyers.com/ . They are practically serving the greater part of Sacramento.
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