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Child Custody Statutes

Divorce can be a difficult thing to cope with especially for couples with children. While adults still manage to move on with their lives, children suffer a great deal more. These children are torn between their father and mother who often do not prefer speaking to each other after the divorce. Mostly, one parent gets the custody of the children and the other rarely gets to see them.

Since almost half of the marriages in the United States end in divorce there is a dire need to have proper child custody statutes for divorce seeking couples with children. The existing laws are ambiguous and usually take a heavy toll on both parents and children. In today’s modern world the roles of parents are not so well defined. This fact makes it harder to govern the child custody statutes and decide for sure which parent should get the custody.

In most of the states of US, a proper distinction is made between legal and physical custody of the children. Legal custody is one in which a parent makes all major decisions of the child’s life like education. On the other hand, physical custody revolves around the living agreement of the child.

Child custody statutes can be of two types; sole custody and joint custody.  Sole custody refers to the one in which one parent gets full custody of the child which means he is the legal guardian responsible for every decision concerning the child. The other parent has the right to visit the child as specified by the law. With joint custody, both parents get custody of the children with the responsibilities divided amongst them.

Parents who opt for joint custody are able to manage their kids better. With joint custody the children stay with both parents. Either parent can decide what is best for the kid. While divorce in itself can be rough for the children, this way they can still stay in continuous touch with both parents. Joint custody, however, does not mean that a child lives with each parent for the same duration. In most cases the child stays with the mother and visits the father on weekends or vice versa.

One of the child custody statutes includes split alternative custody. When a couple has more than one child a split custody is at times ruled in. In split custody, the children are divided amongst each parent. The parents are responsible for the kids for a period of time after which the custody is reversed. This law however is rare since separating kids is considered wrong.

Written by Custody Lawyer on May 1st, 2011 with no comments.
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