What kind of custody should i ask for

A parent who has the children less than half of the time has visitation with the children. Visitation orders are varied, depending on the best interests of the children, the situation of the parents, and other factors. In general, visitation can be:. Courts do not automatically give custody to the mother or the father, no matter what the age or sex of your children.

Courts cannot deny your right to custody or visitation just because you were never married to the other parent, or because you or the other parent has a physical disability or a different lifestyle, religious belief, or sexual orientation. In addition to custody orders, the judge will probably also make child support orders. Keep in mind that a child support order is separate from child custody and visitation, so you cannot refuse to let the other parent see the children just because he or she is not making the child support payments that the court ordered.

And you cannot refuse to pay child support just because the other parent is not letting you see your children. But child support and custody are related because the amount of time each parent spends with the children will affect the amount of child support. Click to read more about child support.

Sometimes, if giving custody to either parent would harm the children, courts give custody to someone other than the parents because it is in the best interest of the children. Click for more information on guardianship. In most cases, parents can make their own agreements for custody and visitation, without a court order.

If you make an agreement between the 2 of you, the agreement becomes binding and enforceable. But if 1 of you does not follow the agreement, a court cannot enforce it until it becomes a court order. So if you and the other parent agree on custody and want a court order that either of you can enforce if 1 of you violates the agreement, you can turn in your agreement to a judge. The judge will probably approve the agreement, sign it, and it will become a court order.

After the judge signs your agreement, file it with the court clerk. Click for more information on writing up a custody and visitation agreement or parenting plan. If you cannot agree, the judge will send you to mediation and a mediator from Family Court Services or another court-related program will help you.

If you still cannot agree, you and the other parent will meet with the judge. Generally, the judge will then decide your custody and visitation schedule. Learn more about mediation of custody cases. One thing you should do early on is make a custody agreement. If you're unable to reach an agreement with the other parent, the court will make custody decisions for you.

In this case, you can present a proposed custody agreement to demonstrate your desires to the judge. Make My Parenting Plan Now. Check your state's custody agreement requirements to see if you need to add anything else. You can have a legal professional create a custody agreement for you, or you can save money by writing one yourself individually or with the other parent. If you make an agreement yourself, let the Custody X Change app walk you through each step so you can be confident that your document is ready for court.

You will need to decide what kind of custody each parent is going to have and include it in your agreement. There are two types of custody. They may be referred to by slightly different terms in some states. It is possible to have different combinations of custody. For example, one parent may have sole physical custody while both share joint legal custody. Once you have decided the custody you want, including this in your agreement is as easy as clicking your mouse when you use Custody X Change.

If parents have joint legal custody, you should state who will be responsible for the various types of decisions. Legal custody is separate from physical custody. However, like physical custody, there are two types of legal custody which are:. If you share joint legal custody with the other parent and exclude him or her from the decision-making process, your ex spouse can take you back to court and request enforcement of the child custody agreement. Additionally, it will cause friction between you and your former partner, which creates further problems in joint custody agreements.

In the UK, full custody refers to one parent receiving both sole physical and sole legal custody of a child. However, if full custody is granted to one parent, the other parent will likely still have visitation rights. Full custody may be granted to one parent when one of the following situations occurs:. There may be animosity between you and your soon-to-be ex-spouse.

There are three forms of joint custody, which are:. If the parents cannot agree on these elements, the court will impose an agreement. Therefore, by instructing a specialist family solicitor, you can have that peace of mind that your case is in safe hands. Furthermore, our solicitors ensure that a fair agreement will be made.

If you have any more questions regarding your matter, please visit our child law page or call our family solicitors today on Please log in again. The login page will open in a new tab. After logging in you can close it and return to this page. What is child custody? The four types of child custody In the Uk, the four types of custody include physical custody, legal custody, full custody and joint custody.

Physical custody This form of custody is regarding which parent the child lives with on a daily basis. Physical custody comes in two forms, which are: Sole physical custody Joint physical custody Sole physical custody is when a child lives primarily with one parent. Legal custody Legal custody is separate from physical custody. Full custody In the UK, full custody refers to one parent receiving both sole physical and sole legal custody of a child.

There is a history of abuse or neglect by the other parent. One parent has become ill, disabled, or otherwise incapacitated; There may be animosity between you and your soon-to-be ex-spouse. There are three forms of joint custody, which are: Physical joint custody.

When the child spends significant amounts of time with both parents.