Custody battles can be a stressful experience, especially when ex-spouses cannot agree on issues affecting their children. It is essential to know the roles of custodial and non-custodial parents in Fairfield custody cases.
Speak with a seasoned child custody attorney today to be better prepared for your court proceedings and role as a co-parent.
There are two types of custody: legal and physical. Legal custody involves making major decisions regarding the child’s life, such as religion, education, and medical matters. Physical custody deals with where the child will physically reside.
The law presumes that both parents will share joint legal custody, meaning that they both have the right to be consulted and make decisions about the child’s life. If they cannot agree on these matters, one party cannot make that decision independently without the court permitting them to do so.
Regarding physical custody, both parents have the right to be involved in their child’s life. Where the child will live on certain days of the week depends on their best interest.
Some people also have a true shared parenting plan where they share legal and physical custody of the child, meaning that the child spends equal amounts of time with both parents during the week.
A non-custodial parent does not have the child most of the time. They likely have a midweek visit and weekend time with the child. The non-custodial parent’s primary roles and responsibilities in Fairfield include paying child support, visiting and spending time with their child, and having a say over non-routine decisions that involve the child.
Every decision a court makes regarding custody considers a child’s best interests. Because of this, they will look at both parents’ involvement with the child throughout his or her life, who the child is bonded with, and what type of relationship the child has with each parent.
The court will also look at negative factors that may impact the final decision, including evidence or allegations of the following:
The existence of any of these factors would come into play when the court is making its decisions on child custody. A Fairfield attorney can protect a client’s rights as a custodial or non-custodial parent throughout the custody process.
Child custody is modifiable upon a substantial change in circumstances, meaning the child or a parent has had a life change that warrants the current parenting plan no longer being in the child’s best interest. The following are some examples of situations where a new plan may be appropriate:
A Fairfield lawyer can look at the existing roles and responsibilities of a custodial or non-custodial parent and present a fair argument for modifications.
The process of determining child custody can leave parents highly distressed and frustrated. You may benefit from securing a seasoned family attorney who can guide you through this complex process.
Schedule an initial consultation with our legal team today and learn more about the roles of custodial and non-custodial parents in Fairfield.
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