Post on 22-Jul-2016
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Contrary to popular belief,
financial disputes do not
comprise the majority of family
law matters.
Child custody issues are
actually the leading settlement
concern.
With children at the center, it’s
important to have experienced
litigation support systems in
place to guarantee a smooth
and amicable transition.
Mediation is an effective way to
keep the children as the focus,
without putting them in the
middle of parental disputes.
If mediation does not solve
custody matters or is not
conducive to the circumstances,
settling out of court is the next
best option. This option:
• Instigates mutually agreed
upon terms.
• Improves the co-parenting
relationship.
As a last case scenario, a judge will
make final decisions regarding the
terms of child custody
settlements.
Child custody disputes arise when married or unmarried parties cannot agree on a custody
arrangement or visitation schedule. Parental rights concerning children will vary depending on
the type of custody that is agreed upon or ordered by a judge.
The following are the types of child custody and their legal ramifications:
• Physical Custody – where the child will reside.
• Legal Custody – who has authority over the child’s upbringing.
• Sole Custody – only one parent has custodial rights to the child.
• Joint Custody – both parents share custody and authority of the child.
• Third-Person Custody – a relative or foster care will be given custodial rights.
• Split Custody – a flexible custody schedule or the division of children.
Physical custody means that a
parent has the right to have a
child live with them, and they are
responsible for the day-to-day
care of the child.
There are two types of physical
custody:
1. Sole or Custodial – when
a child resides primarily
with one parent and the
other parent may or may
not have visitation rights.
2. Joint – when the child
spends equal time
residing with each parent.
Legal custody gives the
parent the right and
responsibility to make
decisions regarding how the
child will be raised, including
schooling, religion, medical
care, and general welfare.
Like physical custody, this
right to make decisions can
be given to either one or
both parents.
Sole custody is typically an arrangement whereby only one parent has full physical and legal
custody of their child.
This is often the result of one parent being found unfit to care for the child, which is usually the
result of neglect, drug or alcohol abuse, child abuse, a history of violence, or mental instability.
Joint custody is the most common arrangement, in which children reside equally between the
two parents’ homes and decisions regarding the children are mutually agreed upon.
In some cases, one parent is awarded sole physical custody, while the other parent still retains
joint legal custody.
Third-Person Custody
• When both parents are deemed unfit
or are otherwise unable to care for
their child, placement is then based on
the child’s needs and best interests.
• Children are often placed with suitable
relatives or in foster care.
Split Custody Options
• A flexible custody schedule is made,
where the non-custodial parent has
extended visitation rights.
• “Birds Nest Custody” – parents take
turns moving into the original family
residence where the children reside
permanently.
• In the case of multiple children, siblings
may be split up and each parent may
take custody of a different child.
Child custody disputes are emotionally volatile and
complicated.
It’s vital to have a knowledgeable advocate on your side
in the form of a child custody attorney, with the ability
to represent you to the fullest extent.
• They must have experience in child custody law.
• They should appreciate the specific judicial system
you are working with.
• They should have the skill and resources to get your
child the guardianship they need.
Since 2003, McFarling Law Group has been committed to
providing advocacy, service, and conflict resolution in all
family law matters. As child custody lawyers in Las Vegas, NV,
we have proven over the years that we are capable and
passionate about fighting for your custodial rights.
For more information, visit www.mcfarlinglaw.com
or call (702) 565-4335.