Currently child custody is a serious issue for parents going through a divorce. Even though a couple may not willingly do so, many treat their children as private property during court hearings. New laws focus on the proper way to raise children, rather than who has physical control over the child. These laws assign important responsibilities to parents ranging from things like religion to education to health. Hiring a professional who deals with Family Law in Smithtown NY can help walk you through this tough process.
Parents can share two types of custody:
Legal custody -; Legal custody is based on issuing decisions on children, such as which school they will attend and the specific care for the welfare and health of the child.
Physical custody -; Physical custody dictates the home where the child can reside. This also defines the amount of time the other parent can spend with their children.
Before the 1970s, there were issues about child custody since no one was opposed to the idea that women had a natural right to care for their children. Currently, Family Court greatly favors maternal custody, unless there is a case where parents show that your former spouse is unqualified to care for the child. This reasoning to gain sole custody should be under different logical reasons. During the hearings, the parents generally tend to accuse each other of abusing the child emotionally or physically, because sometimes the child can decide which parent they want to live with.
Small distinction between custodial and non-custodial parents
* Custodial parents: This is when children remain with the parent who has custody full-time.
* Noncustodial parents: The noncustodial parent has no legal right to the child, meaning physically.
Differences between types of custody
Family Law in Smithtown NY provides you with some of the differences that may arise between existing custody types. For example, with joint custody, both parents have rights and obligations of the child achieving full satisfaction of the parents. However, non-custodial parents don’t have a say so in anything. With joint custody, both parents have to provide support for the child, but in this case the custodial parent has more say in what goes on. For more information contact Patricia Issberner today.
