The laws concerning child custody vary between different states in the US. However, some of the basic concepts are similar in order to protect the interests of the child.
In case you are planning to apply for child custody rights, you need to be aware of the laws in your particular state. Even if you have hired a legal attorney for this purpose, it is advisable to be informed of the rules in order to ensure that you are part of the proceedings.
The court would finally decide who will gain partial or full custody based on what is beneficial to the child. It primarily depends on the parent’s desires on what responsibilities that they want to take up and also on the child-parent relationship. Siblings and other influential people who have direct or indirect relationship in the child’s life may also play a small role in the court’s decision. Also, the environment in the family, community as well as school in addition to the parent’s mental, physical as well as financial well-being is taken into account.
The custody rights can be broadly divided into legal and physical rights. While physical custody deals with who the child would live with, legal custody talks about who is entitled to make major decisions like education, religion or health care. In most cases, joint custody is granted by the court so that while the child lives with one parent, the other parent may also continue the relationship by spending some amount of time every year with the child.
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