Child custody is a term referring to the right of guardianship over a child or children. Child custody is made up of two components: legal custody, which refers to the right of making decisions about the given child or children, and physical custody. Physical custody means the right to give housing and care to the child. When parents are married they both generally have physical and legal custody. Complications might appear and legal decisions have to be made in case of for example divorce, separation or the death of one of the parents. Child custody decisions are usually made based on the interest of the given child solely. Consider discussing your options with your local divorce solicitor in Guildford if you would like more information that is tailored to your specific case.
When is child custody relevant?
If parents divorce, separate or if one of the parents passes away, child custody becomes a relevant issue. It is generally advised to attempt and settle child custody issues privately between the married parties. In some cases, this is unfortunately not possible due to the parties not being able to come to an agreement. In these instances, legal proceedings can be made. It is crucial to make every decision in accordance to the wellbeing and welfare of the child, no matter how bitter a divorce situation may be. If you are looking for a divorce solicitor in Guildford to offer legal advice for child custody cases, we can offer you a free starting consultation over telephone.
What types of physical child custody exist?
Physical child custody refers to the right and the duty of providing accommodation, care and necessities for the child. Various forms of physical child custody exist. The courts make decisions based on the best interest of the child or children with the individual circumstances taken into consideration as well.
Sole custody refers to the type of physical child custody, where one of the parents has physical custody rights and duties over the child or children. Generally, the other parent will have the right to visit regularly, however in certain extreme cases this might not be allowed. Joint physical custody means that both parents will have physical custody, in a way that the child has to spend roughly equal amounts of time with each parent in relatively short periods of time. The parent having custody alternates when the defined time period (usually a few weeks) comes to an end.
Split custody might be applied when multiple children are involved. In these cases, one of the parents will have sole custody over one child, and the other parent will also have sole custody over the other child. Alternating custody is similar to joint physical custody. The only difference is the amount of time spent with a parent once. While in joint physical custody this is usually a couple of weeks’ in alternating custody this means longer time periods extending up to months or years.
What to do if children are involved in your divorce case?
If children are involved in your divorce, you should keep your focus on the children’s needs and best interests, and try and solve the issues with your partner outside court. However, if this is not possible, it is important to seek legal advice as soon as possible. Find a divorce solicitor in Guildford to provide solutions for child custody today.