Going through a divorce is not easy. There are so many emotional and psychological struggles that you have to go through. This is why you must hire the best Houston child custody attorney. Fighting for child custody can be the most controversial part of the divorce process. So to prepare you for a custody battle, parents should acknowledge the services offered by family law lawyers who can help give them advice regarding the process.
The Difference Between Sole Custody and Joint Custody
During a child custody case, the court might order either sole custody or joint custody. You must understand what each of these mean. When the court orders sole custody, this means that only one parent will nearly have all the rights and responsibilities concerning how to raise the child. Some states will differentiate between legal and physical custody.
When you say legal custody, this means that this is the right of a parent to make decisions on behalf of the child. There are cases where only one parent will receive physical custody but both still have legal custody. For those granted with sole custody, the other parent will still have visitation rights with the child or with supervised visitation. The parent without the granted custody should still provide financial child support to help with the child’s upbringing.
When it comes to joint custody, this means that both parents will have shared rights and responsibilities. This should not be exactly equal. Even if the parents are granted joint physical custody, one parent might still be required to pay for child support to the other parent.
This Is How Custodies Are Granted
When it comes to child custody, the court will usually decide while considering the best interests of a child. The factors that the court will consider are usually based on the family law where it specifies the factors or the case law that the judge stated in the past cases, as well as the factors that can influence their decisions.
The court will consider different factors regarding the child like his or her age, sex, as well as development. The court would also consider how close the child is to each of the parent and their siblings. If the child is too young, his or her ability to decide will also be considered by the court.
Other than that, the court will also consider the lifestyle of the parents involved in the case. This is to help determine which parent would be able to provide a good home environment for the child. How involved mom or dad has been when it comes to parenting is a very important factor that the court will consider. Will the parents be able to cooperate for the sake of their child? Or how is the child dealing with his or her siblings? The physical, financial, and emotional stability of each of the parents will be taken into consideration.
Child custody is not an easy. There are so many factors to take into consideration to come up with a decision. But what the court is after here, is for the betterment of the child. They need to have a healthy and loving environment to ease the pain and struggles that they are experiecing brought about by their parent’s divorce.