If you want to protect your right to
joint legal and physical custody of your child, resolve any custody disputes in advance and present a detailed parenting plan to the court.
Therefore, both spouses possess the right to share
legal and physical custody of their biological child prior to divorce proceedings and any custody hearings.
Demystify the difference
between legal and physical custody so you can set up the best parenting schedule that works for your family.By M. Marcy JonesSometimes divorcing parents get hung up on the legal terminology surrounding child custody without really understanding it.
Custody, which is often known as parenting time agreements, allocate
legal and physical custody which provide consistency and stability for children in a divorce.
A man who donated sperm to help a friend conceive a child is the child's legal father, with the right to share joint
legal and physical custody with the protesting mother, a Roanoke judge has ruled.
Get the tools you need to
understand legal and physical custody (of kids and pets), develop an effective parenting plan, understand child support and add - ons (like childcare and medical expenses) and prepare for child custody mediation.
Missouri allows third party custody in cases when it is warranted, if a court determines that both of the child's parents are unfit, unsuitable or unable to parent the child, and that awarding a third
party legal and physical custody is in the child's best interest.
In this case, California law automatically gives sole custody of the children to the surviving parent, even if the deceased parent had sole
legal and physical custody before her death, and even if the surviving parent has not exercised visitation with his children or remained a part of their lives.
«The district court concluded for purposes of the statutory modification requirement, that MA - E's «emotional development is impaired in the environment of [Adler's] sole
legal and physical custody because [Adler] will not permit the child to have a normal relationship with [Espinosa], and [Adler] will cause [MA - E] distress by systematically undermining [Espinosa's] involvement with the child.»
The November 1, 2000 Ex Parte Order contained the family court's finding that «[H.C.] has been severely alienated by [Mother] and it is in the minor child's best interest to be put in the
temporary legal and physical custody of [Father] and returned to Hawaii immediately.
However, provided that both the mother and father are mentally and physically fit to parent and can provide a safe, stable home environment, the court will often choose joint
legal and physical custody in the interest of preserving the child's relationship with both of his parents.
In most jurisdictions today, the biological relationship between a child up to three - years - old and a candidate
for legal and physical custody is given great weight, whereas the existing intimate bond between the child and a candidate is given less weight.