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Overview


    CHILD CUSTODY

    Overview:

    Child custody is law that govern a parent's legal authority to make decisions affecting a child (legal custody) and to maintain physical control over the child (physical custody). Child custody laws also pertain to the visitation rights of the non-custodial parents.

     

    Child custody provide a legal way for relation between child and his/her divorced parents. The need of child custody for determining of legal guardianship of child until him/her not above to 18 years.

    Child custody has classified in several times:

    1. Sole Custody

    2. Joint Custody

    3. Legal Custody

    4. Physical Custody

     

    Sole Custody:

    Sole custody arrangements have been generally considered a traditional form of custody for many in the past.  It consists of an arrangement whereby only one parent has physical and legal custody of a child.

    A parent with “sole custody” of a child can get exclusive physical and legal custody rights concerning the child. These custody arrangements deemed rare, and usually limited to situations. Situations in which one parent has deemed unfit or incapable of having any form of responsibility over a child.

    The easiest way for a parent to seek Sole Custody consider when he/she can prove that one parent uses abusive language and unfit parent to raise a child then the other parent gets the custody. If there is an illegitimate child then the mother gets the custody unless the father files for the custody.

     

     

    Joint Custody:

    Joint Custody is a type Child custody. In this type of custody Child spend some duration of time with father or some duration of time with mother. In this type of custody both parents make decision for better future of child.

     

    OTHER FORM OF JOINT CUSTODY

    There are also other common joint-custody arrangements. One involves sharing legal custody but not physical custody. This means that the child will live exclusively with one parent, but both parents agree to cooperatively make key decisions about raising the child.

     

    Other variations of joint custody also exist. For example, one parent may be granted the sole right to make decisions about the child's education, even though the child lives with both parents on an alternating schedule. In this case, physical custody is shared but decisions involving the child's education (one aspect of legal custody) are not.

     

    Legal custody:

    In Legal custody one parent have mostly rights for better future like education, medical care or religious instruction. In mostly, legal custody have both parents unless, it is shown that one parent is somehow unfit, or is incapable of making decisions about the child's upbringing.

     

    Physical Custody:

    When the family courts deem a parent to have “physical custody,” this parent has the legal right to allow the child or children to live in a shared residence. Many times, parents can share “joint physical custody” of a child if both parents are seen as fit to care for the child.

     

    Some reasons a parent may face denial of physical custody rights include:

    • Instances of physical, mental, emotional, or sexual abuse

    • Substance abuse problems

    • Failure to provide a safe environment for the children

    • Unsafe associations, friends, or family members of parent

    • Past or current exhibitions of mental illness

    • Failure to meet child support of family court financial obligations

    For Any query you can contact us through WhatsApp or call at: 98928124053

    Or e-mail at: help@vakilkaro.co.in


     

     

     


     


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