Custody Lawyer Fairfax, VA
Child custody may arise when there are cases where couples get divorced. Aside from facing the court for divorce proceeding, tackling about child custody also comes in the picture. Usually, if spouses are married and have children with them before their separation, they do have joint guardianship over their child after they got divorced. Both parents have the equal rights to the custody of their children.
Typically, the best thing that would interest the child is the thing that is considered by the court when determining the place where the child will reside. When saying the best interest of the child, this usually needs the wishes of the child as well as wishes of the parents. It also includes the consideration of the relationship of the child to each one of him/her parents, siblings and other things that influences the interest of the child like considering how comfortable they are in their school, home and community. This also includes the consideration of the physical health and mentality of the individuals involved in custody cases.
Discussing the rights and controls to the child’s religious upbringing, health care and education depends on the parent who has the rightful custody to the child. Parents who wish to have a full custody to their children may need a service of a good lawyer. Courts, on the other hand, will decide on what type of custody they will grant for the parents. Several types of child custody include temporary custody, exclusive custody and joint custody.
Exclusive custody is basically granted to one parent who excludes the other parent to the custody rights on the child. The parent who does not have any custody to the child may still receive certain supervision rights such as some visitation rights. When both parents can perform their duties properly as parents, they could be granted by the court with joint custody. In this case, both parents have the equal rights in making decisions with regards to their child’s upbringing. There are also instances where a third party could have the right to the child’s custody. These individuals could be one of the child’s relatives. When spouse have many children and got divorced, the court could have the authority to split the custody over the children which results to their separation. The split custody between spouses also depends on the interest of each of their children.