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The Common Types of Child Custody: A Detailed Guide

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Types of Child Custody

In 2018, there were 22 million children who had one parent living outside their household. There were 2.6 million custodial fathers and over 10 million custodial mothers. These statistics haven’t changed much to date, and millions of children in America are living with custodial parents.

If you’re going through a divorce or separation, it’s a given that you want to know the different types of child custody. You may be looking to understand which kind of child custody you should request or which one you’re likely to get. In this post, we have compiled a comprehensive guide on the different types of child custody.

What Is Child Custody?

Every child has two parents. When these parents live together, they are both responsible for making decisions concerning the child. These decisions could be anything regarding education, religion, health care, residence, and overall upbringing.

The basics of child custody are simple, but we’ll give you an in-depth look for a better understanding. When these parents divorce or separate, they have to decide how they will share custody. Child custody determines the rights and responsibilities the parents maintain regarding the child.

The parent that gets custody is known as the custodial parent. Depending on the type of custody they get, either they could fully make the decisions themselves or still involve the other parent.

For instance, when a parent gets legal custody, they are solely in charge of making the decisions about the child’s upbringing. If the parents get shared legal custody, both will have the right to make those decisions, despite living separately.

About Child Custody and How It Works

When parents divorce or separate, it’s in everyone’s best interest that they agree on custody. Some couples choose the kind of child custody that works best for them, and mostly for their children. However, when faced with bitter and angry divorces and separation, most couples can’t agree on custodial rights.

During the divorce process, custodial arrangements become a part of the divorce decree, which names which parent will have custody and the visitation rights. The custody is always subject to change when parents can prove a change in circumstances or when the child comes of age.

Family and juvenile courts could also determine custody if they discover that one parent is unfit to take care of the child. These courts base their decisions on state laws, which vary greatly among different states. When the parents are unmarried, most states award full custody to the biological mother unless the father takes the necessary steps to get it.

It’s unlikely for an unwed father to win custody against a mother who has proven to be a good parent. However, the father can be a top priority over other people looking to adopt the child, including relatives, foster parents, or strangers.

Different Types of Child Custody

There are two basic types of child custody, which are legal and physical custody. However, these are further defined by whether only one parent gets custody, which is known as sole custody, or whether both parents get custody, known as joint custody.

There can be several possible combinations, like one parent having sole legal custody but still have to share joint physical custody. We understand these can be confusing, so let’s explore each one.

Legal Custody

When a parent gets legal custody, they get the right and obligation to make decisions about the upbringing of the child. In most states, both parents get joint legal custody so they can both share the right to make decisions on the fundamentals of raising the child. Of course, this may not always happen depending on each case, so one parent can get legal custody.

If you get joint legal custody and decide to exclude the other parent from the decision-making process, they have the right to take you back to court. If they do, the judge will enforce the custody agreement, and you’ll have to do as stipulated in the agreement.

If they do take you back to court, you don’t have to worry about being fined or jailed, but it will most certainly ruffle the friction between you and make the situation harder, especially for the child or children. Getting a lawyer to represent you will also be expensive, so it’s always better to obey the ruling and agree on joint legal custody if that’s necessary.

If you feel that the other parent is irresponsible and is making it impossible for joint legal custody to work by failing to communicate or being abusive, you can go back to court for sole legal custody.

Physical Custody

Physical custody essentially means that you get the right to live with the child. Some states award joint physical custody so the child can spend as much time with both parents, but this works well if the parents live close to one another. It can be stressful for the child if parents live far apart since it’s impossible to establish a normal routine.

When one parent gets sole physical custody, the other may get visitation rights. This means that the child will live with the custodial parent at all times. The non-custodial parent has to visit and get some parenting time as agreed upon. It’s possible for a parent to have sole legal custody and sole physical custody, depending on the case.

Sole Custody

If for any reason one of the parents is deemed unfit to raise the child, the other parent can get sole custody. It could be because that parent is irresponsible, negligent, or has child abuse or drug abuse issues. However, in recent times, courts are taking a broader approach to raising a child and looking to involve both parents.

Even when the court awards you sole physical custody of the child, they may award both of you joint legal custody so you can both play a significant role in the upbringing of your child. They also stand to get generous visitation rights.

There may be animosity between both parents during the divorce proceedings. Still, it’s in the best interest of the child not to seek sole custody unless the other parent could cause direct harm to your child. In some of these cases, the court may still allow supervised visitation.

Joint Custody

If parents are separated and don’t live together, they could get joint or shared custody of the child. This means they’ll both make decisions concerning the child’s upbringing and have physical control over the child. Joint custody can be anything from joint legal custody, joint physical custody, or joint legal and physical custody.

When you get joint custody, you’ll need to work out an arrangement that works for or your housing arrangements, work schedules, and the needs of your child. When both parents are unable to come to an agreement, the court imposes one, and they have to adhere to it. You can choose to split weeks between you, but you can also alternate months or years.

You can also choose to have the child on weekdays while the other parent has them on weekends. In some cases where parents get joint custody, the child or children remain at home while parents move in and out when it’s their turn. This arrangement is known as bird’s nest custody, but it could be expensive because you need to have three housing arrangements.

Visitation

When one parent gets sole legal and physical custody, the other parent may get visitation rights. The first type of visitation is unsupervised visitation, where the parent is allowed to be with the child unsupervised. They can take them to their home or go for an outing.

Supervised visitation is when there must be another adult present when the parent visits the child. The non-custodial parent may have the right to choose the responsible adult, who could be a family member, grandparent, or friend. In some cases, the court can assign a social worker to supervise interactions between parent and child.

Virtual visitation is the last option and is available for parents who live very far from the child. This is usually not the only mode of visitation as they could visit in person, but when not available, they can use video-conferencing technology to interact with the child.

The custodial parent has the right to determine when and how often the non-custodial parent can visit the child unless the court offers a specific calendar and schedule. If both parents have a working relationship, the non-custodial parent may get reasonable parenting-time to maintain a meaningful relationship with their child.

If there’s always conflict, visitation time may be limited, which could always lead to missed visits, inconveniences, and disputes. For this reason, most courts nowadays require that both parents come up with a visitation schedule that works for them. If not, the court provides one for them.

Do Mothers Have a Higher Chance of Getting Custody?

For the longest time, most states provided custody to the mother, especially for young children under five years of age. However, this is not necessarily the case right now, as some states have rejected that rule entirely. The courts must make the decision based on the interest of the child and must consider how fit both parents are to raise the child.

The law prohibits judges from making decisions based on gender. While that goes, they are just as prohibited from making decisions based on race. Both parents stand an equal chance of getting custody, although most couples decide to leave the child with the mothers.

Types of Child Custody: Everything You Need to Know

As you can see, there are different types of child custody. If you and your spouse are getting a divorce or separation, you can discuss the best kind of custody for your child or children.

This is much better than having the court decide. However, if you can’t come to an agreement, you can fight for custody as long as you have the best interest of your child.

If you like this post, we have more waiting for you on our blog. Check out more valuable content on business, legal matters, technology, marijuana, and more. 

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4 Questions to Ask When Hiring a Criminal Defense Lawyer

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Hiring a Criminal Defense Lawyer

Are you facing criminal charges? Do you want to know how to find the best criminal defense lawyer?

The world around us has changed. Now, there are strict laws in place to ensure our safety. As such, many more people are charged with crimes.

Sometimes it’s a misunderstanding. Perhaps some laws changed, but law enforcement wasn’t informed. Now it’s up to an experienced criminal defense attorney to step in, sort things out, and get you the results you need.

However, with so many legal services, how do you choose the best one? What questions should you ask?

We’re here to help. Keep reading for some key questions to ask when hiring one.

How Much Experience Do You Have?

There are a variety of criminal offenses, ranging from minor to severe, and in some cases, a crime may be considered both. Some are governed by federal law, while others by state or local laws. 

Trespassing, for example, is generally a minor offense that state or local laws may cover. Murder, on the other hand, is more serious and is governed by federal law.

Another case is theft, which can be classified as either a minor or serious crime, depending on the property’s value. There are a variety of theft laws that cover it.

It’s crucial to know the expertise of the attorney in the field. Find one who is comfortable with the ins and outs of the criminal justice system. You want to ensure that the one you hire is experienced and knows what they are doing.

What Is Your Success Rate?

There are a number of ways to determine a lawyer’s success rate. How many of their cases have gone to trial? What was the outcome of those trials? 

The best way is to ask directly. Most of them are happy to share it with potential clients. You can also get referrals from other lawyers.

A good lawyer will have a high success rate in criminal defense cases. They should also be able to show you their track record.

What Is Your Strategy?

The lawyer’s strategy should be to win your case by whatever means necessary. It should be explained to you in detail and they should answer any questions you have. If they can not or if they seem unsure of what plans they have, you should find other legal services.

The strategy will likely include an investigation of the facts and law enforcement involved in your case, and a review of the evidence. The lawyer will also work to develop a defense that is likely to succeed at trial. They may also negotiate a plea bargain with the prosecutor.

How Much Will You Charge?

Choose the services that you can afford. Some lawyers charge a flat fee, while others are on an hourly rate. It should be clear to you how much it will cost you and how many hours they estimate the case will take.

You should also clarify any additional fees, which can add up quickly. Also, inquire about payment plans and what method they accept.

Win Your Case With a Criminal Defense Lawyer

If you have been accused of a crime, it is vital to hire a qualified criminal defense lawyer to represent you. When finding one, ask the right questions to get the best legal services for your case.

Hiring a lawyer is a major decision. Be sure to choose wisely!

If you find this article helpful, come check our other blogs for a more informative guide.

Also Checkout : 5 Common Home Inspection Mistakes and How to Avoid Them

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What to Do if You’re Injured at Work

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Injured at Work

Each year, the private sector of the American economy experiences about 2.8 million nonfatal workplace accidents and injuries. Even if you only tweaked your back lifting something heavy, an injury can harm you for many days, and even months.

Whatever your injury, working through it could leave you with a debilitating injury or disorder later in life. Nothing is worse than staying home from work because you’ve injured yourself. Doing proper first aid and returning to the workplace as soon as possible is crucial.

Fortunately, getting injured on the job doesn’t have to be overly complicated. Read on to learn what to do if you’re injured at work.

If You’re Injured on the Job, Report It to Your Supervisor Immediately

This is important for many reasons. First, your employer needs to be aware of the injury so that they can provide you with the proper medical treatment and care.

Secondly, reporting the injury will ensure that your employer is aware of the incident. This will help them take appropriate steps to prevent future accidents. Finally, reporting an injury will help to protect your legal rights in case you need to file a workers’ compensation claim.

Follow Your Company’s Guidelines for Seeking Workers’ Compensation

This will ensure that you are able to get the benefits you are entitled to and that your claim is processed. You will need to provide detailed information about the injury and how it occurred, and you may undergo a medical examination. Once approved, you will receive benefits for your lost wages and medical expenses.

You might also want to check if you are qualified for disability insurance. This type of insurance provides benefits to employees who are unable to work because of an injury sustained while on the job. 

It can help to cover lost wages and medical expenses. It can also provide some financial security to employees who are out of work due to an injury.

Keep Detailed Records of Your Injury

This includes dates, times, locations, and a description of the injury. If you require medical attention, be sure to keep copies of all medical records.

It is also important to keep track of any lost wages or work hours as a result of the injury. This information will be important if you need to file a personal injury lawsuit.

Stay in Communication With Your Employer 

This way, you can keep them updated on your status and ensure that you’re still able to meet your job requirements. If your injury prevents you from performing your duties, be sure to let your employer know as soon as possible. This will help them make the necessary accommodations.

Knowing What to Do During an Injury

Your best course of action if you are injured on the job is to immediately report the incident to your supervisor. From there, your employer will likely start a workers’ compensation claim on your behalf.

It is important to cooperate with your employer and follow their guidelines for filing a claim. This will ensure that you receive the maximum benefits to which you are entitled.

For more informative articles, be sure to check out our blog!

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5 Reasons to Hire SSI Lawyers

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Hire SSI Lawyers

If you are living on Social Security Disability (SSD) payments and your check stops, this can be a very worrying and stressful experience. If you have experienced this situation, you know how difficult it can be to get back on track.

Around 60% of disability denials are the result of incorrect rulings and can adversely affect your Medicaid benefits.

If you are seeking legal assistance, you should work with an SSI lawyer to help you solve the problems you are facing. In this article, we will give you the information you need to find the best legal services for your specific situation.

1. They Have Been Through the Process Many Times

SSI lawyers know what to expect and how to maneuver through the system quickly and efficiently. Because they’ve been through the process before, they can usually help you get your claim approved faster than if you were to go through the process on your own.

2. SSI Lawyers Can Help You Avoid Common Technical Errors

Many technical errors can occur when filing for SSI benefits. An experienced SSI lawyer can help you avoid these errors and increase your chances of receiving the benefits you deserve.

Some common errors include failing to meet the income and asset requirements, not providing enough medical documentation, and incorrectly calculating the number of benefits you are eligible for. A knowledgeable SSI lawyer will be familiar with these and other technical errors and can help you avoid them.

This can save you time, money, and stress, and increase your chances of success in obtaining the SSI benefits you need.

3. They Have the Skills to Communicate with a Physician

This is important because it means that they can get the information that you need from your doctor to make a strong case for your benefits. They can also help you to understand the medical information that you receive from your doctor. 

If you have questions about your condition or your benefits, they can also help you. You can click here to find more information

4. SSI Lawyers Can Help In Preparing for the Hearing

Social security lawyers can be very helpful in preparing for your hearing. The first thing they can do is help you understand what to expect at the hearing. 

They can also help you gather any evidence or witnesses that you may need to present at the hearing. And finally, they can help you to prepare your argument and present it in the most effective way possible.

5. SSI Lawyers Can Arrange Witnesses for You

If you have an upcoming Supplemental Security Income hearing, your disability lawyer can arrange for witnesses to appear on your behalf. This can be extremely helpful in making your case, as witnesses can provide first-hand accounts of your condition and how it affects your ability to work.

Additionally, witnesses can provide character testimony regarding your work ethic and overall character. This can be especially important if you have a character impairment that is relevant to your claim.

Contact an SSI Lawyer Now

If you think you may be eligible for Supplemental Security Income, or SSI, you should contact a lawyer as soon as possible. SSI lawyers can help you determine if you are eligible and, if so, guide you through the application process.

Now that you know the top reasons for hiring an SSI lawyer, check out our website for more helpful articles

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