Getting divorced or separating from someone who is the father or mother of your children is difficult enough without suddenly having to worry about access rights or when you are going to be able to see them.
The legal area of custodial rights is awash with complexity built on trying to find the best outcome for the child or children involved. It is the children’s happiness and well-being that always takes precedence, but finding the best solution can be a highly subjective process.
Joint custody is not always awarded to both parents. Full custody is sometimes awarded to one parent, with the other given only very limited visitation rights to their child or children.
Differences Between Custodial And Non-custodial Parents
A custodial parent is the parent that has the child live with them full-time. However, that does not mean that the other parent cannot see the child at all.
Non-custodial parents have visitation rights. Even though the child does not live with the non-custodial parent, that parent is still able to see their child. In fact, the non-custodial parent usually pays child support. Visitation with a non-custodial parent is done on a schedule that both parents agree on or the court determines because the parents couldn’t settle a timetable on their own.
Custody laws (and their practical implications) can also vary from state to state. It is therefore crucial to seek legal guidance from a professional to ensure that your rights are maintained and to make sure the best interests of your children are upheld.
Understand The Meaning Of Full Custody
The parent with full custody is the primary custodial parent. In practice, full custody means that the child spends most of their time living with the parent who also makes legal decisions for the child. In this case, the other parent is the non-custodial parent.
Full custody is usually awarded when one parent cannot take care of the child. This may be due to illness or disability, but the legal system can also determine that one parent is not fit to have any legal say in how their child is raised. For instance, one parent may have had problems in the past with abuse or incarceration.
When Both Parents Are Custodial Parents
Joint custody, or when both parents are custodial parents, is awarded in many situations. That does not always mean that a child spends equal amounts of time with each parent. Rather, joint custody may simply give both parents a legal say in how their child is raised. The child, often for practical reasons, spends the majority of their time at one parent’s house.
Children And Custody
Children are the center of a parent’s world. Seeing them as much as possible, as well as having a say in their lives, is of the utmost importance to all mothers and fathers. When relationships dissolve and a parent is not awarded custody, it can be difficult for the parent to feel like they have enough access to their children. The same can be said for parents looking to regain custody as a biological parent after giving a child up for adoption.
It is imperative to know what your legal rights are during a custody battle, as well as after it is awarded. Understanding how custody works puts a parent in the best position to see their children as often and as easily as possible.
Keep in mind that the more amicable custody proceedings are, the less stress there will be now and in the future. Most importantly, any negative impact is minimized for children caught in the middle.