Are you trying to negotiate a custody plan for your children post-divorce? If so, there are four major plans that lawyers and courts tend to use when making this arrangement. Two of the plans have to do with legal custody, and two of the plans have to do with physical custody. Oftentimes, you will need to decide one of two plans for physical custody, and one of two plans for legal custody.
Legal custody regards who makes decisions regarding the child's wellbeing. The parent with legal custody will be able to decide the child's education, religion, healthcare, living arrangements, travel arrangements and more. In some arrangements, the court will award joint legal custody. This means that both parents have permission to make decisions regarding their child.
Normally, the court will only award this to parents who have an amicable relationship and can prove that they are able capable of negotiating and discussing with each other despite a divorce. If the court awards joint legal custody, then the court may also appoint a mediator to help in situations where the parents may disagree about an issue., if the court does not award joint legal custody, then the judge typically chooses one parent to be the legal custodian and make decisions on the child's behalf.
In addition to legal custody, the court will also help to choose physical custody for the children. Physical custody has to do with where the children will live post-divorce. In some cases, the court will choose joint physical custody, which means that the children will live with both parents. In some circumstances, one parent may still get more time with the children than the other.
The parent who gets more time with the children is generally referred to as the primary legal custodian. If a joint custody plan is not feasible, then one parent will get physical custody of the children, an action called sole physical custody. You will want to talk with a San Fernando family attorney near you to determine which child custody plan is best for your family. Don't hesitate to call the firm today to learn more!