In custody cases, does the family court have authority to make legal
custody type decisions for a child (e.g., which school the child will attend; whether a child can get elective surgery) or does the court merely have authority to decide who gets to decide?
Not exact matches
Consider all of the child
custody options available to you, including shared parenting and bird's nest
custody, before making a
decision about what
type of
custody you want to pursue.
There are two
types of legal
custody: (i) «sole legal
custody» refers to when only one of the parents has these rights; and (ii) «joint legal
custody» is where both parents have the same rights and responsibilities for the major
decisions for the child.
A family attorney in Manassas provides information to parents about the different
types of
custody and factors that can affect
custody determinations, the basics of how child
custody decisions are made in the family courts, and the rights to
custody of unmarried fathers, among other topics.
The term child
custody actually refers to two
types of
custody — physical
custody, which concerns actual physical possession and control of the child, and legal
custody, which concerns the right to make significant
decisions about the child's life and upbringing, including his or her education, medical care and religion.
The
decision about what
type of
custody should be awarded to either parent is determined after considering multiple factors, including, the needs of the children, the existing relationship between each of the parents and the child or children, and the child or children's wishes, depending on their age.
In reality, shared
custody is a
type of access arrangement, and does not have anything to do with which parent has legal
decision - making power.
state of Arizona recognizes two
types of child
custody that parents must make a
decision about when formulating a parenting plan:
The two primary
types of legal
custody, which is determined either by agreement between parents or by order of a judge, are joint legal
custody, which is an arrangement where both parents share the rights to make the major
decisions for their child, and sole legal
custody, which is when one parent can make these
decisions without input from the other parent.
Courts can award joint physical or legal
custody in a 50 - 50 split, but courts may avoid this
type of arrangement since it can be difficult for parents to get along enough to split a child's
decisions or time equally.
The most common
type of
custody awarded to grandparents in Florida is informal / physical
custody, whereby the child lives with the grandparents, but the grandparents can't make legal
decisions for the child — and the parents can take the child back at any time.
There are different
types of
custody which can affect the
decisions pertaining to the child.
The other
type of
custody is typically referred to as legal
custody and gives a parent the authority to make major
decisions for the child.
The
type of
custody granted also affects which parent has the final say in major
decisions about the child's upbringing, such as education, religion, and medical care.
This
type of action even permits a parenting plan to be created which addresses time - sharing (formerly known as child
custody) and the ability to make
decisions concerning a child's health and well - being.
When a California court issues a child
custody order, the judge makes a final
decision regarding two
types of
custody: legal
custody and physical
custody.
Consider all of the child
custody options available to you, including shared parenting and bird's nest
custody, before making a
decision about what
type of
custody you want to pursue.
In the course of the mediation,
decisions will have to be made between the parents as to what
type of
custody they will have regarding their children.
A written agreement which describes the
type of
custody arrangement between the parents, how
decisions will be made regarding the lives of their children, as well as a detailed schedule of how they will share time with their children, weekdays, weekends, holidays and vacations.
By law, judges must make
custody decisions based on the child's best interest, which can impact the
type of
custody awarded and the ability of a parent to change a child's residence.