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Divorce & Child Custody

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    Custodial

    • According to the legal encyclopedia NOLO, each parent has the same legal right to custody of a child. Parents often determine their own custody arrangements. When they can't agree, the court makes a determination based on what's best for the child.

    Physical Custody

    • Physical custody refers to where a child lives most of the time. In many cases, the courts give sole physical custody to one parent, while the other has visitation. In shared custody agreements, a child spends significant amounts of time living with each parent.

    Legal Custody

    • Legal custody refers to the right of a parent to make significant decisions about how to raise her children. According to FindLaw, unless the courts deem one parent unfit, parents are usually awarded joint legal custody.

    Visitation

    • According to NOLO, in a divorce, courts generally order "reasonable visitation" for non-custodial parents. This means that the parents must set up specific visitation terms and schedules. If parents cannot agree, they often resolve their issues through mediation.

    Considerations

    • If a parent has a serious concern that a custodial order creates a hostile or unsafe environment for his child, he can have the order revisited by a judge. He should have clear-cut evidence to offer the court concerning his allegations.

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