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During the separation of parents or when parents get a divorce, the children are affected in various ways. There are specific factors to consider when dealing with child custody. A child custody lawyer can help deal with the special factors of child custody and what role they have with child custody.

 

(a) The best interests of the children

(b) Which parent is more likely to encourage more visits with the other parent

(c) Childrens desires, which are only considered if the children is of a certain age and maturity level

(d) History of domestic violence in the household

(e) History of drug use by a specific parent

 

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The child has the right to spend time with both Mom and Dad, provided that they are safe and secure in a caring environment. Many details of your childrens care up for discussion during the divorce and custody process. When it comes to child custody the issues fall into a couple categories; legal custody and physical custody.

 

Legal Custody Can Be:

  • Joint Custody, where both parents share the rights and responsibilities to make the important decisions about health, education and the welfare of the child.
  • Sole Custody, this is where only one parent, either Mom or Dad, has the right and responsibility to make the vital decisions about the health, education and welfare of the child.

     

    Parents with legal custody make every decision or choice about their child:

  • School and child care
  • Religion
  • Psychiatric, psychological, mental health counseling or etc
  • Doctor, dentist, and other health related issues
  • Sports, summer camp, vacation, and or other activities
  • Where the child lives; home.
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    Those parents who share legal custody of their children both have the right to make decisions about these decisions above. However, they do not have to agree on every decision. Either parent (mom or dad) can make a decision alone, but to avoid having problems and ending up back in family law court, both parents should communicate with each other in making decisions together.

     

    Physical Custody Can Be:

  • Joint Physical Custody, which means the child live with both parents, Mom and Dad.
  • Sole or primary Physical Custody, which means the child lives with one parent most of the time and usually visit the other parent on the weekends.
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    Joint physical custody does not mean that the child or children spend exactly half the time with each parent. Commonly the children spend a little more time with one parent more than the other because it is very difficult to split the time exactly in half. If one parent has the children more time than the other parent that parent is called the primary custodial parent.


    The child custody lawyers at Wise Laws are very comfortable in reaching your child custody goals through either mediation or litigation. Our child custody lawyers are well understood in cases dealing with either family law, divorce law, or domestic partnership laws.

     

    Defining The Best Interest Of The Children

    Figuring out the best interest of the children in a divorce based upon the child custody laws in America allows a great degree of discretion by the courts and a judge to consider various factors.

  • A childs age and desires
  • Parental stability
  • Parental criminal history
  • Ability of the parent to care for the child
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    A court will use these factors above and more to determine where your children should spend most of their time.


    American parents can rely on the knowledge of our child custody lawyers at Wise Laws in getting the child custody judgements they wants. We will fight very hard to make the legal system work for you and your children in America. We comprehend that of the best interest in the children is to reach a custody or visitation agreement in USA. Our child custody lawyers will steer you through the process.

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