A divorce already has several complications involved. Child custody is one of the most challenging problems for parents in a divorce. There are various questions in parents’ minds like who will the child live with, who will take the curial decision of the child’s life, how much time they will spend with their children, etc.
Most of these questions airside in physical or legal custody, further divided into subcategories like joint or sole custody. Depending on your state, child custody can be termed legal, physical custody, or parenting plans. However, no matter what types of custody your state permits, the child’s well-being and best interest is the final decision given by the court.
Divorce and child custody cases are tricky; even when both spouses agree with each other’s terms, there are plants of paperwork to do. So it is best to hire a divorce attorney from Karp & Iancu, S.C. A lawyer will help you and your spouse decide what’s best for your children and make your post-divorce life much easier.
We have explained some viable solutions if you are looking for your option for child custody in a divorce case.
Common types of child custody
- Sole legal custody
Sole legal custody enables you to take all the significant decisions of your child’s life without consulting the other parent for everything. However, getting sole legal custody might not be easy, as you must provide evidence and convince the judge that it is the best thing for your child.
To gain the sole legal custody of your child, you have to prove that living with the other parent can harm the child’s physical or mental health or that the parent is not worthy of taking a child’s responsibility.
For example, the other parent does not care about the child being a part of their lives, or they are not responsible and wise enough to take care of the children.
- Joint legal custody
Joint legal custody grants equal rights to both parents for making significant decisions in their child’s life and giving them a partial chance to spend time with their child. In joint legal custody, both spouses can continue their parental duties just like they did when they were married.
In most cases, the court grants the couple joint legal custody so that the child is not disturbed more and is not deprived of any parent’s love. If the couple has a mutual understanding, they can decide how to co-parent the child after the divorce.