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The decision of separation of a couple affects a child the most. The couple can decide the custody by mutual agreement outside the court or by filing a petition in the court. The decision is taken keeping in mind the best interests of the child. Leo Mongillo mentioned various types of child custody they are:
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Married parents have joint custody of the children and decide the child’s future together. The matter of legal custody arises in the circumstances of divorce, separation, annulment, adoption, or death of a parent. Working out of child custody and support is difficult if there is animosity among the partners. The decision of separation of a couple affects a child the most. The couple can decide the custody by mutual agreement outside the court or by filing a petition in the court. The decision is taken keeping in mind the best interests of the child. Leo Mongillo mentioned various types of child custody they are:
Sole Custody: Sole custody refers to the circumstance where one parent has full guardianship of the child. Legal and physical custody is given to only one parent. Sole custody is provided under the following three circumstances: • The other parent lives far away. • The other parent is abusive or neglectful • The other parent is not involved in the minor’s day-to-day life and does not spend time with the child. The noncustodial parent can have visitation rights called parenting time.
Joint Custody: Joint custody is where both the parents work amicably to make the right decision for their child. It can refer to joint legal custody, or joint physical custody, or both. The child spends equal time with both parents. The decisions about the day-to-day lifestyle and vital decisions are taken together by the parents.
Legal Custody: Legal custody involves the right of the parent to make important life decisions on behalf of the child. These decisions include the minor’s school, physician, religion, discipline, etc. In most cases, the parents are granted joint legal custody of the child. If the court provides joint custody, one parent cannot intentionally exclude the other from the process of decision-making. It will be considered contempt of court. Sometimes, the court can grant sole-legal custody where only one parent is given the right to take all important decisions. The noncustodial parent can visit the child but will have no say in the decisions regarding the future of the child.
Physical Custody: If a couple is divorced and the child lives with just one parent for the maximum time, then the parent is known to have physical custody of the child. Physical custody can either be sole or joint. Most of the time, courts opt for sole physical custody to allow the child to settle down and have a feeling of belongingness. The other parent has visitation rights. The courts nowadays believe in providing the child an equal amount of time with both parents. The child has overnight visits with the noncustodial parent. Physical custody is mostly given to the parent who was the major caregiver of the child during the marriage. Physical custody involves taking the everyday decisions for the child.
Leonardo Mongillo and his law firm aimed at providing the best legal advice to their clients. Mongillo law firm tries and settles the matters outside court. However, when the circumstances arise, they represent their clients in court. SOURCE CREDIT: https://leomongillo.tumblr.com/post/671449642142154752/mongillo-law-types-of-child-custody
