This set of law also usually overlaps with aspects of divorce law.
Child custody refers to the legal obligation and right a parent or guardian must look after, make decisions for, supervise, educate and control a minor kid for whom he/she is accountable.
The Child Custody Law in the United States of America is basically governed by the states rather than the federal government. However, the laws of the states are similar in most respect.
The best interest of the child is the major point for child custody after divorce.
The Law directs that the father and mother should be treated equally. But the “Tender years of Doctrine” where mother got the rights to child custody automatically as long as a mother will be fit. Most of the state is using this doctrine.
Types of Child Custody:
Custody can be entitled to mother or father or both. However, If it is only for one of them then it is called Sole custody.
If they both share the custody, then it is called Joint custody.
There are some other types of Child Custody.
Legal custody means the rights and obligations of custody decide on the important aspects of a child’s life, like education, religion, health care, and insurance.
Physical custody of the child means where the child is living. A parent can be given sole physical custody, joint physical custody, sole legal custody, and joint legal custody or both of those by the
Brothers and sisters basically stay together but in some cases, the court may decide to split them.
If there is a benefit of the child, then the court may decide to give custody to one of the parents then it is called the Sole custody.
If the court found that there is a benefit of the child to give the custody to both the parent, then joint custody shall be provided.
Role of a Custody Lawyer:
According to the U.S. Bureau of Labor Statistics (BLS), custody lawyers act as advocates and represent a party in a legal custody suit. They present evidence to support their side and attempt to
convince the court that their client should earn or retain custody of their children. Custody lawyers also provide counsel before a case goes to trial.
From the above, it is very clear that A custody lawyer plays a very vital role for a better life to a child but he or she also should think about the interest of the child.