Child Custody: What Are the Different Types?

Child Custody: What Are the Different Types?
By [http://ezinearticles.com/?expert=Brian_D._Perskin]Brian D. Perskin
If you are trying to get child custody, you should learn that there is more than just one type, so you will have to specific. Just because you have one type of child custody does not mean you have another, so it is important that you know the differences, especially before approaching a divorce lawyer. Learn the main types of child custody before you start your case.
Physical Custody
This is the form of child custody that most people refer to during divorce because it determines which parent the kids live with. In many cases, physical custody is shared equally between both parents. This is referred to as joint physical custody, and it usually works best when both parents are willing and able to care for their kids at least half the time.
On the other hand, sole physical custody occurs when the kids are only allowed to live with one of the parents. This usually happens when the other parent is deemed a threat to the kids' safety. If you believe your former spouse intends to hurt the kids to get back at you, or is unfit to care for children, you can seek sole physical custody. If you want the kids to see their other parent occasionally, you can request visitation.
Legal Custody
When you have legal custody of your children, you are allowed to make decisions since you are the legal guardian. This means you can choose the school and church your kids attend, and you can make decisions regarding their health. In most cases, parents with physical custody are also awarded legal custody, whether it is just one or both parents.
However, it is possible to get joint legal custody of the kids when only one parent has physical custody. For example, if you do not want your kids to live with your ex, so you have sole custody, you can still get joint legal custody so the other parent can help you make major decisions.
What Does This Mean in Court?
If there is a dispute between you and your former spouse when it comes to raising the kids, you may have to go to court to settle it. You should know ahead of time that the judge usually sides with the parent who has physical custody. If you share joint physical custody, you will need the help of divorce lawyer to increase your chances of getting the outcome you want for your kids.
In this case, you are encouraged to keep any documents that would support your argument. For example, if you believe a certain school would be best for your children, and your ex disagrees, you should gather evidence to support your case. Your divorce lawyer can help you with this task, and can also answer any questions you may have about the different types of child custody.
Brian D. Perskin & Associates PC is a full service matrimonial law firm that handles family law and divorce cases. When you need help with equitable distribution, which includes pensions, real estate, business evaluations, enhanced earnings, child custody, maintenance, alimony/child support, prenuptial agreements, domestic violence, and other serious legal matters, we can get results. Contact us at http://www.newyorkdivorceattorney.com/ so you can benefit from our team of family law professionals.
Article Source: [http://EzineArticles.com/?Child-Custody:-What-Are-the-Different-Types?&id=6967021] Child Custody: What Are the Different Types?