Child custody is one of the common issues tackled during divorce and annulment. It is usually a complicated issue because of the emotional factors that surround the situation. In many cases, parties with a dispute on this matter fail to come to an agreement and bring the case to a family court.
Notable child custody lawyers give an overview on the topic. Learning more about child custody will help you understand the laws that govern it in major cities like Denver CO.
Child Custody Defined
Child custody is the practical and legal relationship between a parent and their child. In this setting, the parent who holds the custody, often called the “custodial parent,” is expected to care for and make decisions for the child. This includes decisions on health care, schooling, and religious upbringing.
Other than cases of divorce and annulment, the issue of custody may also arise in the case of legal actions involving children.
The Child’s ‘Best Interest’
Generally, the law states that a child born within a marriage has the right to both parents’ joint guardianship. Statutory provisions also state that each parent has equal rights to the custody of their child/children after their separation.
Decisions on residence and contact are made by the court with respect to the “best interest” of the child. Credible lawyers now used the term “parenting schedule” in place of custody and visitation. This is to get rid of the negative connotation involved in the difference between the parent who gets child custody and the non-custodial parent.
Sole and Joint Custodies
Sole custody means a parent or guardian has the child’s legal sole custody. In this case, the court commands one parent to be responsible for deciding for the child’s care and welfare. While both parties may discuss the matters, the designated parent has the final call when they don’t come to an agreement.
For the parents to be granted with joint custody, they need to agree to and submit a parenting plan to the court.
Seek a child custody attorney to learn more about these matters. By working with a legal professional specializing in this area of the law, you’ll have better understating of your rights as a parent.