Child custody is one of the issues that come up when you decide to separate from a partner. If the divorce was amicable, you and your partner might choose to create a workable schedule and ground rules regarding the custody of your kids. That said, not every divorce is smooth sailing and, you might have a challenge agreeing on who gets primary custody. When this happens, you should hire a competent lawyer to help out with the process. Here are a few questions that can help you understand what to expect with the process.
What Is the Difference Between Physical and Legal Custody?
One of the challenges that people face when handling custody issues is understanding all the legal language that comes with it. First, you should understand the difference between physical and legal custody. Legal custody is the authority to make decisions concerning your child. For example, if you have legal custody, the other parent should consult you about the school, medical issues, and other serious decisions. On the other hand, physical custody is about where your child will live. If you have physical custody, it is your full responsibility to house the child. It is possible to have both physical and legal custody.
Does One Need to File for Custody If They Were Unmarried When the Child Was Born?
The other common question is what happens to children born before the parents were legally married. The law for unmarried parents differs from one state to another. For example, some states give automatic custody to unmarried mothers while others need the mother to file for custody. You should understand the varying laws in your state to help you determine whether filing is your best option. A lawyer will help interpret everything for you and also help you familiarize yourself with all state-specific document requirements.
How Does the Court Determine Custody?
You will want to know how the court makes its decision to get a ruling in your favor. The court decides what is in the best interests of the child. If you have better finances, the chances of the court ruling in your favor are higher. If you have reason to suspect the court might rule against you, work on improving your case with a competent lawyer. They will help you present a case that can help you win.
These are some of the most important things to know about the custody of your kids. Remember that you can appeal a decision if you feel it didn't work in your favor. A child custody lawyer will help you come to a reasonable agreement about custody when dealing with separation or divorce.
Visit a site like https://www.molnarlaw.com to learn more.