Types of Child Custody: Which is the Best for Your Child?

There are four child custody types from which spouses can choose:

Legal custody – courts in some states sometimes decide on awarding this type of custody to both parents. Legal custody gives the custodial parent(s) the right and responsibility to decide on matters concerning the child’s growth and basic needs, like education, religious upbringing, and health care. In joint legal custody or when the right to decide is given to both parents, both spouses are given the right to provide input about this issue and to have a say in the ultimate decision.

Physical custody – this type of custody gives the custodial parent the right to live with his or her child/ children, while the other parent is typically awarded visitation rights. In the event that the divorced parents live near one another and the child / children spend considerable amounts of time with both of them, then the court may allow joint physical custody instead.

Sole custody – though many courts are now veering away from entrusting a child to only one parent and increasing the role played by fathers in a child’s life after divorce, sole custody would still be the decision if one parent is judged to be unfit due to dependency on drugs or alcohol, neglect or abuse of the child, mental incapacity, or an unfit new partner.

Joint custody – this type of custody has various forms:

  • joint physical custody;
  • joint legal custody; and
  • joint legal and physical custody

Divorced couples who are awarded joint physical custody also usually enjoy joint legal custody, but not vice-versa. Though joint custody allows the parents continuous involvement in the child’s life, which is highly beneficial to the child, it also has some disadvantages. You should consult with a qualified legal professional to learn more about these issues.

Legal Assistance on International Divorce Needs

Today’s technology allows many people to go wherever they want to live or to get in touch with people in any part of the world. Whether for work or leisure, going to foreign lands has never been so easy as it is today and, wherever people go, relationships may be entered into, relationships that sometimes lead to marriage.

Many of these marriages, unfortunately, do not last forever. This can create particularly acute problems, as the different parties to the marriage may live in countries with radically different legal systems, making international divorce much more complicated than it would typically be. For this reason, international divorce lawyers can be of invaluable assistance to those in this situation.

These lawyers are well trained in laws governing international marriage, divorce, and divorce-related issues; they are also well-versed in cultural and international marriage agreements, such as the Hague Conventions on marriage and divorce. The Hague Convention on the Celebration and Recognition of the Validity of Marriages, which was enacted on May 1, 1991, requires all contracting (member) states to recognize as legal any marriage entered into in any contracting state.

Prior to this, though, was the Hague Convention on the Recognition of Divorces and Legal Separations that was convened in June of 1970 and which took effect on August 25, 1975, which obliges other contracting states to recognize divorces or legal separations obtained in another contracting state. Certain exceptions are stipulated, though, such as not having to recognize the divorce applied for if the spouses were citizens of a country where divorce was not legal. There are various other exceptions which your lawyer can help you understand.

Thus if you need assistance with any issue concerning international laws pertaining to divorce, remember that there are highly-qualified legal [rpfessionals always ready to give you the help you need.