According to family law, custodial parents are those who assume the responsibilities of caring for children after a separation or divorce. The term is used mostly to refer to the parent with physical custody, as opposed to the noncustodial parent. However, it can have different meanings; in joint custodial arrangements, it can refer to whichever parent has the child at the time.
Different Custody Types
To understand parental custody, you will need to know about its various iterations. There are two main types: physical and legal custody, which are explained below:
In legal custody, a parent has the right to make important decisions (such as those concerning living arrangements, education and religion) on their child’s behalf.
Physical custody refers to the parent with whom the child is in residence. It is possible for one parent to have legal custody, while the other has physical custody a majority of the time. Legal custody usually does not change hands with the child; any changes must be obtained through a modification hearing in family court.
In most cases, courts are reluctant to award sole custody to one parent. Even in cases where it is awarded, legal custody is often shared, and the noncustodial parent has liberal visitation rights. Many divorces come with some degree of animosity-;child custody should never be used as a tool for revenge against an ex-spouse.
The term “custodial parent” can refer to the parent who has legal custody, but the application and use of the term varies widely depending on jurisdictional law. Your Child Custody Attorney in Silverdale WA can help you understand your state’s laws.
Hiring a Lawyer for Help with a Child Custody Case
Every state has different laws on family issues such as child custody, and most parents cannot deal with all the legal issues on their own. You will likely need a local attorney to help you comply with your state’s child custody rules, and to help you solve any issues that might arise. A Child Custody Attorney Silverdale WA can also represent you in the event that you need to appear in court, and they can file lawsuits to resolve disputes.
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