Child Custody Overview

In most standard law books, there are usually several types of child custody described: physical, legal, sole, and joint custody. Do you want to learn more? Click Harrisburg family lawyers.

Fiscal custody

Physical custody provides the right to let the child live with a single parent. Some courts will award joint physical custody if the child spends significant and relatively equal amounts of time with both parents. This also works best when both parents live close to each other as this reduces the stress on children and allows them to maintain a rather normal routine.

When the son or daughter resides with only one parent, it is deemed to be a single physical custody, it is typically possible to have visits with the other parent. The extent of those visitation rights is based on which the custody was resolved: the legal court or both parents themselves.

Legal Warranty

The right and obligation to make major decisions about the upbringing of the child-including but not limited to schooling, religion and medical care-is granted through legal custody, regularly through joint legal custody in most courts, which means both parents share the right and the obligation. If one of the parents in making decisions removed the other, the latter will take the former back to court and implore the judge to uphold the custody arrangement. Obviously the fines and short-term detention are out of the question, but the humiliation and tension that arise from this undertaking damages the children. It would be more expensive to be represented by an attorney too!

In extreme cases where one parent is in possession of all the rights and obligations in the decision-making process, the other parent may file a lawsuit and request sole legal or physical custody.

Just the Custody

A single parent may receive the child’s sole physical custody or single permitted custody. Some factors that cause the legal tribunals to favor one parent over the other may be when the other is considered unsuitable due to alcoholism and/or drug dependence.

In several states, courts and mediators are increasingly gradually distancing themselves from awarding sole custody to a single parent, and are definitely seeking to expand the role that both mom and dad play in the rearing of the infant.