Different Types Of Child Custody Explained
This will be the first in a series of articles talking about child custody. More and more grandparents are being put in positions of being not only a grandparent but a parent again to their grandchildren. Different types grandparents custody rights explained.
With drug abuse on the rise and a financial crisis for some parent, children are being displaced more now than ever before. In this series of articles about custody I thought the first step would be to talk about the different kinds of child custody.
This is the right granted to the everyday care of the child. The parent or grandparent with physical custody can dictate where the child will live.
The latest custody provisions give physical custody to the custodial parent and grant visitation rights and legal custody to the non-custodial parent or grandparent. These visitation rights also offer exclusive time with the child every other weekend, alternating major holidays, and a number of weeks during vacations.
Sole custody gives the custodial parent or grandparent exclusive physical and legal rights over the child. However, this type is rare, and is generally restricted to cases where one parent is deemed in poor condition or is deemed irresponsible (drug addiction or child abuse, etc).
Except for granted periods of visitation with the child, the non-custodial parent does not have the physical nor legal custody rights on the child.
Joint custody Between Parent and Grandparent
A joint custody order has two parts – joint legal custody and joint physical custody.
Joint legal custody means both parents and grandparents will share in major decisions regarding the child. The custody order spells out the issues where the parents must share decisions.
The time the child spends with each parent and grandparent is referred in the joint physical custody. The amount of time shared is flexible and depends on the arrangement of both parents. They can be equally divided, or one may only have agreed time periods.
In the event both parents cannot correctly assume child custody (substance abuse, mental health problems, incarceration, etc.), the court can arrange temporary guardianship or foster care for the child issuing grandparent child custody rights.
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