When you get divorced, you share the custody of your child with your partner. Usually, the decision of custody lies between the two partners. However, if you both cannot agree, the court will intervene. In such a situation, you will be required to hire a child custody lawyer to fight for your claim.
But before you go looking for a Phoenix child custody lawyer, you need to know about the different types of child custody in the country. It can help you better explain the kind of child custody you want and accordingly discuss your options with your lawyer. So let’s get started.
Different Types of Child Custody
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Legal Custody
If you have legal custody of your child, you will be allowed to decide about your child’s needs without consulting the other parent. This includes religion, healthcare, and education. Generally, joint legal custody is awarded to both parents. This is the best way to keep away from disputes. It is also the best way for both parents to stay invested in their child’s life.
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Physical Custody
Physical custody is when your child stays with one parent while the other gets only visitation rights. If you choose, your child can spend equal amounts of time with both parents. In this case, the state will provide joint physical custody. This way, both parents will get equal parenting time with their children.
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Sole Custody
Sole custody is granted to one parent when the other one is deemed unfit to take care of the child. In this case, the custodial parent will have sole legal or sole physical custody or both. It is rare for states to provide sole custody unless the evidence for the other parent’s unfitness is overwhelming. In the sole custody situation, the other parent will be allowed visitations now and then.
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Joint Custody
Joint custody refers to the child’s custody being given to both parents. It is kind of like sole custody but with joint legal or joint physical custody or both. Most agree on joint custody with their child. Your Phoenix child custody lawyer will also insist on it as it allows both parents to take care of the child.
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Third-Party Custody
Under this type, the child’s custody is given to a third party, a guardian. This can be the child’s grandparents, a relative, their godparents, or anyone close to the family. This type of custody is rare and only awarded in dire situations – during accidents leading to the death of both parents or if both the biological parents are deemed unfit to take care of the child.
Conclusion
A child’s custody can be a messy affair if both the parents are unwilling to arrive at any conclusion. Thus, we suggest talking to your respective lawyers and working through the custody as amicably as possible. If you are looking for a reliable Phoenix child custody lawyer, go to any reputed law firm. They offer good enough service to well-experienced lawyers in the country!
