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Resolving Child Custody Problems in Divorce Child Custody is one of the main issues couples have to settle during a divorce. While there are those who can settle this issue quite easily, there are also some who find it difficult to come to an acceptable agreement. In the latter scenario, a lawyer would have to intervene between the parties and try to settle the issues in accordance with the law. There are two basic kinds of custody which are legal and physical. They can also decide whether they will have joint or sole custody. Legal custody means that the parent will have the power to decide on legal issues regarding the child’s life. Examples of these decisions include the child’s education, health concerns, and religious matters.
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Meanwhile, physical custody allows the parent to take care of the child’s daily needs.
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Sole custody on the other hand implies that only one spouse has the authority. The courts before were more inclined into awarding sole physical custody to the mother while legal custody is shared by both spouses. However, the past two decades have changed the scenario. Courts now recognize the important role of a father. Nowadays, courts lean towards ruling for joint custody of the child to allow both spouses to get involved in the rearing of the child. The main interest of the court is the child’s best interest. It is less likely for a court to consider what the parents want. The court is usually geared towards providing the child an environment where both parents are involved in his life. This is the reason why they now rule in favor of joint instead of sole custody. At instances where it is impossible for parents to have joint custody, a guardian may be appointed to have physical custody of the child while both parents share the legal custody. However, there are also situations where the court awards sole custody to one of the spouses. But the other spouse may still be awarded visitation rights. There are also instances when parents come into agreement about the custody of the child. These issues may be settled outside court through a family law attorney. Once the parties have settled the issue, the lawyer puts it into writing and it’s a done deal. This settlement should then be presented to the judge for approval. If the court sees that the scenario is best for the child’s interest, the settlement will earn its approval and will be included in the court order. As soon as the court orders for such arrangement, the parties have to strictly comply with it. If the parties don’t comply, the court can change the arrangement. The agreement may also be modified if one of the parties deem it to be adjust and submit a petition for the court to overturn its decision.