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Child Custody

Written by Avvo. Posted over 1 year ago. 6 helpful votes, Comments (0)

In this guide:

For those who have children, one of the most difficult issues to agree on during the divorce process is who gets custody. If parents are unable to agree, the court may order the parents into mediation. If mediation fails, the parents may go to court for a custody hearing.

Ultimately, the biggest factor affecting this determination is that the child's best interests always come first. This means that as a parent, it's not the mere fact that you want custody that matters, it's how well you do your job as a parent that's important.

Here you can take a closer look at the different types of custody and what factors a court considers for custody.

Understanding Child Custody

Written by Avvo Staff

There are many variations of child custody. The type of custody arrangement you make will depend largely on your relationship with the child's other parent. Explore the basics of child custody and learn how disagreements over custody are settled.

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There are several different types of child custody. Depending on your situation, one or more may be appropriate for your family’s situation. The different types of child custody include:

Physical custody vs. legal custody:

Written by Avvo Staff

When people think of children and divorce, one of the first things they think of is custody—who gets the kids? However, what many don’t realize is that custody involves more than who the child lives with. There are two types of custody: physical and legal.

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Joint custody

Written by Avvo Staff

Joint custody is the most common custody scenario, which is when both parents have equal rights and responsibilities over the child for both living situation and decision-making authority.

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Sole Custody

Written by Avvo Staff

Although courts are moving away from awarding sole custody, they will decide upon sole custody if a parent is unfit or poses a danger to the child. The child then lives with the other parent, who makes all the necessary decisions.

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Temporary Custody

Written by Avvo Staff

Since divorce proceedings sometimes drag on for quite some time, courts often award temporary custody, also known as a temporary parenting plan, to a parent or relative until a final parenting plan is worked out and approved by the court.

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Non-parental custody

Written by attorney Carolyn Annette Elsey

Although custody is rarely awarded to a party that isn't one of the child's parents, it's been known to happen in cases under certain circumstances. Find out some basics on how to go about getting non-parental custody.

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Child custody mediation

Written by attorney Marshall William Waller

A custody mediation hearing will often help you and your spouse mutually define your parenting plan or custody plan. Learn some ways to prepare your custody case by organizing your background information and defining custody issues clearly.

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Factors in child custody decisions

Written by attorney Jeff Adrian Biddle

The judge considers several statutory factors in determining who to award custody to or if joint custody should be ordered. While none of the factors are sole determining factors, when viewed together the judge will decide whether sole or joint custody is ordered.

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How to prepare for a child custody evaluation

Written by attorney Dianna Gould-Saltman

What happens when the court wants more information before making a custody decision? Find out what to expect from a court-ordered custody evaluation, and how best to prepare for one.

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Tips for fathers seeking custody

Written by attorney Regina Irene Edwards

In a nation that often favors custody to mothers, winning custody as a father can be difficult, but not impossible. In most cases, hiring an attorney is essential if you want custody.

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