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Child
Custody
There are two kinds of custody: legal custody and physical custody.
Custody battles most often arise in a divorce or separation,
requiring a court's determination of which parent, relative or other
adult should have physical and/or legal control and responsibility
for a minor (child) under 18. When both parents share custody of a
child after a divorce it is called joint custody. Joint custody may
be either legal or physical custody. Physical custody designates
where the child will actually live, whereas legal custody gives the
custodial person(s) the right to make decisions for the child's
welfare. Child custody can be decided by a local court in a divorce
or if a child, relative, close friend or state agency questions
whether one or both parents is unfit, absent, dead, in prison or
dangerous to the child's well-being. In such cases custody can be
awarded to a grandparent or other relative, a foster parent or an
orphanage or other organization or institution. In some
jurisdictions, if a child is old enough, their preferences are taken
into consideration.
The basic consideration on custody matters is supposed to be the
best interests of the child or children. Mental anguish suffered by
the child due to visitation or lack thereof is one factor that may
be considered in determining a child's best interest. In most cases
the non-custodial parent is given visitation rights, which may
include weekends, parts of vacations and other occasions. The
custody order may be modifed if circumstances warrant. Such
circumstances vary in each case, but may include loss of employment,
disability, or extraordinary medical bills.
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Courts
may require the parents to consult with each other prior to any
major decisions being made. Disagreements between the parties may be
resolved by the parties going to mediation, returning to court, or
by one parent having "final decision-making power". This
decision-making authority may be broadly stated or limited, such as
in emergencies, or be specifically related to certain areas of the
child's life. |
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