Child Custody: A Few Facts All Parents Should Know

Law Blog

Establishing legal custody is a responsibility that all parents should take seriously if they are not currently married to their child's other biological parent. Unfortunately, many parents either fail to address this issue or find themselves working with inaccurate information when filing a custody petition with the court. In the end, it is often the best interest of the child that suffers in these cases. That is why it is so important for all parents to take the time to review the facts below before making any decisions regarding the custody of their children.

Sole Custody Is Not Assumed

Single parents often assume that they have sole custody of their child simply because the other parent has chosen not to be involved in the child's life. However, this is not the case. The truth is, unless you have established legal custody through the courts, both you and your child's other parent will have equal rights in the eyes of the law, even if the absent parent has never laid eyes on the child. This means that if their other biological parent was to decide to pick them up and take them halfway around the world on a whim, there would legally be nothing you could do to stop them. This is why it is always so important to establish legal custody before a problem arises.

There Are Many Types Of Child Custody

The court recognizes that there is no such thing as one size fits all when it comes to a custody arrangement that is beneficial to both the parents and the child. This is why there are so many different types of custody that can be awarded to either parent. For instance, if the court awards both parents joint custody, one parent may be given sole physical custody while the other is given visitation rights and the right to participate in any major decisions regarding the child's upbringing.

With so many possible outcomes, it is important that you know exactly what you want when filing a custody petition with the court. More importantly, you will need to be prepared to demonstrate to the court how granting your wishes will benefit your child.

You Should Never Face A Child Custody Case Alone

The custody of your children is understandably a very personal issue. Unfortunately, if you are like many people, you may think that this means you are the most qualified person to represent you in a child custody hearing. However, this truly is not the case. The same deep emotions that allow you to believe so deeply in what is right for your child can also prove to be your undoing when fighting for custody. This is because decisions that are made from emotion are often irrational and can backfire on you in court.

In order to ensure that your case is represented in a clear and effective manner, it is always best to seek out the services of a reputable family law attorney before even filing a custody petition with the court. For more information, contact Leonard & Kershaw or a similar firm.

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28 May 2015

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