Divorce Lawyer in Huntington

Circumstances Involving Child Custody

Divorce Lawyer in Huntington

Dissecting all of the elements that come into play during a divorce case can almost feel as though they’re never-ending. Typically, the issue of child custody is seen as a tumultuous situation. Clearly, no parent wants to be apart from their child and this can lead to butting heads and rapid-fire arguing when ironing out all of the details pertaining to the case. Fortunately, your Divorce Lawyer in Huntington has significant knowledge on this topic and can provide you with several tips and useful information.

Child Custody Laws

Orders of child custody involve the court distributing responsibility for the child, and care of the child, to the parents involved in the case or even to a different legal guardian. These orders can only be administered up until the child has reached the age of 18. What’s important to remember is that above all else, the best interest of the child will always take precedence when the court comes together for a ruling. Other pertinent laws and facts of importance known by your Divorce Lawyer in Huntington can include the following:

Legal Custody

  • Custody has two different forms: legal custody and physical custody.
  • Legal custody grants the guardian the right to make decisions for the child based upon medical care or religious upbringing.
  • In some instances, a judge may grant joint legal custody. This would indicate that both parents will need to work together in order to agree upon these decisions for the child.
  • Sole legal custody means that only one parent has the right to make these choices.

Physical Custody

  • Physical custody is also occasionally referred to as residential custody.  
  • This type of custody involves responsibilities such as supervision of the child and maintaining their overall well being.
  • Joint physical custody may also be granted. This gives both parents the right to live with the child for an equal amount of time
  • Sole physical custody is also an option in this case. The child will live with the custodial parent for more than 50% of the time, while the noncustodial parent will be granted visitation.

Beyond The Law

Rarely do we encounter divorce cases that end with everyone feeling great. However, in cases involving children, you need to understand that this affects them as well. Parents who are deemed unfit to be with their children will be thrown under the hot seat when the court formulates a ruling. These types of circumstances may involve parents who are facing complications such as alcohol or substance abuse or in some cases domestic violence may also be an issue. Above all else, the safety of the child will be held in the highest possible regard when deciding the outcomes of these cases.

For more information regarding this and other divorce-related topics, contact your local Divorce Lawyer in Huntington for an appointment and free consultation.