There are two types of custody,physical custody and legal custody. Physical custody refers to the physical possession and control of the child(ren). Legal cusotdy refers to the right to make major decisions (such as education, medical, religion) on the childs behalf.
There are four types of physical custody, primary, partial, shared and visitation. Primary physical custody refers to the party with whom the child primarily resides. Parial physical custody refers to the right of the other party to take the child away from the primary custodian (usually for nights, weekends, vacations, etc). Visitation is the right of a parent to visit with the child at the child’s primary residence or another location.
Shared custody is when the parents alternate physical custody of the children to assure regular, frequent contact with both parents. Legal custody is most often shared between the parents, as both parents should consult before making mafor decisions on behalf of the child.
When making major decisions on behalf of the child, the non-custodial parent should be consulted if there is an order giving the parents shared legal custody of the child. Even if there is no child custody order, the non-custodial parent should be consulted! Major decisions should be made by both parents. If the parents are unable to make a decision concerning a major issue, either parent may file a petition seeking an order from the court.
Each parent should be permitted to make normal day-to-day decisions, while the child is in there custody. Both parents should be entitled to be provided access to the child(ren) records, medical, dental, and school. Even if a parent is not complying with a support order, if there is a child custody order allowing him/her to see the child(ren). The parent must be permitted to exercise custody.
If there is a problem with support, the parent should file a complaint or petition to modify. If the parent that is obligated to pay support is not seeing the child(ren). That parent still has to pay child support. If there is a problem with the custody order, the parent should file a petition to modify.
When is a custody order modifiable? A custody order is modifiable when a change in the arrangement is in the best interest of the child(ren). There change of circumstances vary and does not need to be specific. The parent seeking to modify the order must show why the present order is no longer workable.
Tags: Divorce
