Judges can consider the following factors when
deciding legal and physical custody:
Not exact matches
Instead, the courts fail to determine that either adult is the better parent
and decide to rule in favor of joint
custody, which can be joint
legal custody or joint
physical custody.
Example: Mother
and Father are divorced,
and decide to share joint
legal custody of Child, but also agree that Mother should have primary
physical custody of Child.
With the goal of serving the child's own best interests, courts are tasked with
deciding which parent is entitled to
legal and physical custody,
and whether there is room for compromise.
Courts will look at two areas of child
custody law when a parenting matter has to be
decided:
legal custody and physical custody.
How do courts
decide who gets
physical and legal custody of the children?
The Alabama Uniform Child
Custody Jurisdiction and Enforcement Act (UCCJEA) applies in cases where a custody decision is made or which impact access to a child — including divorce, legal separation, neglect, dependency, guardianship, paternity, termination of parental rights, and protection from abuse concerning the legal custody, physical custody and visitation of children are d
Custody Jurisdiction
and Enforcement Act (UCCJEA) applies in cases where a
custody decision is made or which impact access to a child — including divorce, legal separation, neglect, dependency, guardianship, paternity, termination of parental rights, and protection from abuse concerning the legal custody, physical custody and visitation of children are d
custody decision is made or which impact access to a child — including divorce,
legal separation, neglect, dependency, guardianship, paternity, termination of parental rights,
and protection from abuse concerning the
legal custody, physical custody and visitation of children are d
custody,
physical custody and visitation of children are d
custody and visitation of children are
decided.
Kansas judges
deciding custody cases must determine «
legal custody,» which refers to the responsibility to make educational, medical
and other major decisions for a child,
and «
physical custody,» meaning the child's living
and visitation arrangement with the parents.
Georgia courts
decide two aspects of child
custody: «
legal custody,» or which parent has the responsibility to make decisions affecting a child's education, health, religion,
and extracurricular activities,
and «
physical custody,» meaning where a child lives
and his or her visitation schedule with each parent.
In Hawaii child
custody cases, judges must
decide both «
legal custody,»
and «
physical custody.»
In all child
custody cases, Kentucky courts must
decide «
legal custody,» referring to which parent will make major decisions regarding the child's education, health,
and activities,
and «
physical custody,» which refers to the child's
legal residence
and visitation schedule with each parent.
When a child
custody case is being
decided, there are generally two components:
physical and legal custody.
The court may order joint
custody — both parents share
custody — or sole
custody to one parent,
and must
decide joint or sole
custody as to both
legal custody (the right to make decisions about a child's welfare)
and physical custody (the right to have a child live with you).
Until a court
decides otherwise, he shares the right to
legal and physical custody of his child.
Instead, the courts fail to determine that either adult is the better parent
and decide to rule in favor of joint
custody, which can be joint
legal custody or joint
physical custody.
Example: Mother
and Father are divorced,
and decide to share joint
legal custody of Child, but also agree that Mother should have primary
physical custody of Child.
As with
legal custody, Iowa courts consider several factors when
deciding physical custody, including amount of time each parent spends with the child, parents» home environment
and schedule, child's age, maturity, health,
and social
and educational needs,
and child's wishes.
They will need to
decide whether they want to share
physical and / or
legal custody or if one parent will have sole
custody.