Child Custody Rights: What You Need to Know

When it comes to children and custody battles, these situations can get messy quickly and the ones that are most impacted are the children themselves. When parents decide to split or divorce, they have to think about what is best for the child or children, and how they can provide for them, either together or individually. There are many complications and intricacies in the matter, so here are a few highlighted points about what you need to know about different types of custody as well as other information.

Joint Custody

Joint custody occurs when both parents remain legal guardians and both still have legal responsibility for the child or children. With this shared responsibility, it is a custody option for parents that are willing to work together and cooperatively in order to raise the child. The child can live with either parent, either splitting time at each residence or live with one parent while both parents are still caring for that child. Because of the cooperation required by both guardians, this option is not usually a determination if the judge sees the tension between the parents.

Shared Custody

Shared custody is similar to joint custody in that both parents are still responsible for the child, and care for them in a similarly cooperative manner, but more rules apply that enforce time spent with each parent. Children under shared custody rules live with each of their parents for as close to 50% of their time. Child support may also be present and is calculated according to the amount of time each parent spends with the child, as well as considers other factors such as the income of each parent.

Sole Custody

Sole custody is a situation where one parent assumes the sole responsibility for the child. The other parent may have visitation rights, but that varies from case to case as determined by a judge or court ruling. The single parent that carries responsibility makes all the decisions for the child moving forward without needing consultation from the other party, even if they dispute those decisions. 

Split Custody

Split custody occurs when there is more than one child involved in parietal disputes. Each parent resumes responsibility for one or more children with the remaining children being taken care of by the other. This falls under similar reasoning of joint custody, as it requires agreement from both parental parties. Children are not often going to be put into split custody situations as splitting up families can lead to a lot of issues, and it is in their best interests and well being to be raised or move together. 

Determining Custody

It is ideal to have parents agree upon the circumstances of how to take care of their children. It is always best for the children that they have both parents present in their lives if possible, and in most cases, parents will prioritize their children’s needs, creating a solution that works for all parties. If they cannot come to an amicable solution, this is where courts must intervene with the decision making process. These Denver child custody attorneys understand the importance of putting the children’s needs first as well as the courts, who will look at what appears best for the children with the information they are presented with. Each parent will make their case and the decision from the court will determine the outcome.

Special Considerations

In most cases, only the spouses can apply for custody of their children. They do not need to be the biological parent of a child in order to apply for custody, only present evidence that they have full intention to care as their own family. In most scenarios, other family members cannot apply for custody, even if they are grandparents or siblings. Courts may make special considerations and exemptions, but those are handled on a case by case basis.

Considerations For Custody

The ways in which judges and the court may rule in favor of one party over the other will typically always do what is best for the children as they see fit. Certain factors that come into play when making such decisions include the child’s preference if they have one, home situation and environment, the capability to provide of each parent, future planning, emotional attachments towards the parents, as well as even considering if a parent will be more likely to provide visitation to the other in the event they gain custody. 

Custody cases are messy if not handled correctly. It is important that you understand the procedures and matters at hand. Always remember to connect with a legal advisor on how best to address and work with these situations. The outcomes of your children and their futures are what is at stake.