When it comes to rearing and taking good care of the children, the parents must work hand in hand. They have to put the best interest of their kids at all times. This is not a difficult thing to do especially when the mother and father are so compatible that they can make decisions together without having problems. However, the case is different when the parents are about to get a divorce decree or has already been divorced.
The negotiations and talks during this process may be made without the need of the assistance of lawyers. Nonetheless, it is still highly recommended that the respective legal counsel represent both parties so they will have an idea of the legal effects of all the things that they will agree upon. At the same time, the divorce attorneys can also assist their clients in coming up better arrangements that would be beneficial to both sides.
The second way is through court litigation wherein the parties will come before the court to raise their claims and defenses. The judge hearing the case will then issue a court order based on the evidence submitted by each party. The award may be for joint custody or sole custody depending on the facts and circumstances of each case. There is a need to determine the difference between joint and sole custody.
When we speak of sole custody, this means that the custodial rights are granted to only one of the parents. It can be the father or mother as may be decided by the court. On the other hand, when we talk about joint custody, it pertains to a custody granted to both parents. A parent who has been granted with legal custody is given the right to make decisions about where to send the child for school, the child’s religious upbringing and the medical care.
In most jurisdictions, the court usually awards the custody to both parents. If you are a party to a child custody case, make sure that the legal counsel who will represent your claims in court can be trusted. Issues involving your child must be taken seriously. You can make this happen by choosing the right lawyer to represent you in court.
Family Law Attorney