Custody refers to the legal and physical custody of a child. Legal custody is the authority to make decisions for and in relation to a child. Child custody is largely divided into legal custody and physical custody. Legal custody is broadly defined as the custodian who has authority to make decisions about the child, including medical decisions, religious decisions, and educational decisions.
Physical custody refers to where the child primarily lives. There are other designations that define the child custody relationship in Albany, such as joint legal custody, sole legal custody, and modified joint legal custody. If there is a plan provision that is not agreed upon, they must resolve the issue before joint physical custody of the children can be granted. A non-custodial parent could still have joint legal custody with the custodial parent to guide the child's upbringing.
If there was a disagreement between divorced parents, and there was no custody agreement to resolve the matter, then the child could be the one who ended up hurting the most. Primary joint custody is granted when a family court judge finds that joint custody will be in the best interest of the children in the relationship. You can have joint legal custody with sole physical custody or joint physical custody, which determine who your child lives with. Sole legal custody of a child means that one parent has the right to make all decisions related to the upbringing of their child.
If there is a history of neglect, abuse, or violence involved in the marriage or divorce, past or present, the courts have a responsibility to grant sole legal physical custody of the children to the non-abusive parent. About seventy percent of child custody cases result in the mother winning custody of the child, while joint custody cases occur approximately twenty percent of the time. A parent with legal custody of a child has the right to make decisions about the child's health care, education and education, and religious education. Even though the child will primarily live with one parent and visit the other parent, there is still a possibility for the parents to share joint custody of their children and pay joint physical support for the children.
Joint legal custody will only be granted to the parents of the children in a divorce case if the court finds that both parents who have legal and physical custody of the children will greatly benefit the interests of the children. Child custody after a divorce is a serious matter for parents to address and it's important for them to understand their legal rights. If the court finds that joint legal custody will not benefit the children, then joint legal custody will not be granted to the parents and one parent will be granted custody over the other. In these states, sole legal custody is granted when joint legal custody is not in the best interest of the child.
Joint legal custody means that both parents share the authority and responsibility to make important decisions regarding the child's health, education, and welfare.
