During your divorce in Paterson, issues such as child custody, parental visitation, and spousal support are determined, either through divorce mediation or by a judge if no agreement can be reached. There are several different types of child custody options, as well as varying rules outlining the non-custodial parent’s rights regarding visitation. Keep reading for the answers to some of the most frequently asked questions regarding child custody, visitation, and support; if you still have questions or concerns, speaking with an experienced lawyer can provide accurate and up-to-date legal advice and guidance.
How Does Custody Work?
There are two different types of custody: physical custody and legal custody. Physical custody simply refers to the physical placement of the child and the parent with which he lives, while legal custody outlines a parent’s rights to make decisions regarding the child’s upbringing, medical care, and education. There are several permutations of these custody arrangements, including sole custody and joint custody, which may apply to one or both types of custody following a divorce.
What Is the Most Common Type of Custody Agreement?
Although your case may warrant a different arrangement, in cases where both parents wish to remain an active part of their child’s life, one parent is typically awarded physical custody while the other parent receives visitation rights. In this case, both parents often retain legal custody, allowing for collaboration regarding upbringing, medical care, and other important decisions.
How Is Custody Determined for Unmarried Parents?
Even if there is no marriage or divorce, custody issues are typically treated in the same manner as if the parents had been married. In this case, you may be asked to attend custody mediation and paternity is often confirmed to assess the father’s legal and parenting rights and responsibilities. If you are concerned about child custody issues or can’t reach an agreement through mediation, a family law attorney can help you assess your situation and address your concerns in court to reach a custody agreement that is beneficial for your child.