In family law, Child custody and guardianship are legal terms which are sometimes used to describe the legal and practical relationship between a parent and his or her child, such as the right of the parent to make decisions for the child, and the parent's duty to care for the child.
Residence and contact issues typically arise in proceedings involving divorce, annulment and other legal proceedings where children may be involved. In most jurisdictions the issue of which parent the child will reside with is determined in accordance with the best interests of the child standard.
Family law proceedings which involve issues of residence and contact often generate the most acrimonious disputes. While many parents cooperate when it comes to sharing their children, not all do. For those that engage in litigation, there seem to be few limits.
Court filings quickly fill with mutual accusations by one parent against the other, including sexual, physical, and emotional abuse, brain-washing, parental alienation syndrome, sabotage, and manipulation.
There are two types of custody that the court of law can award. These are the sole custody which is an arrangement whereby only one parent has physical and legal custody of a child and joint custody which is an arrangement whereby both parents have legal custody and/or both parents have physical custody.
Joint custody is a court order whereby custody of a child is awarded to both parties. Many states recognize two forms of joint custody: joint physical custody, and joint legal custody. Visit the North Carolina family lawyer for more information about this.
In joint physical custody, which is also known as joint physical care, actual lodging and care of the child is shared according to a court-ordered custody schedule. In many cases, the term 'visitation' is no longer used in these circumstances. Visit the North Carolina family lawyer for more information about this.
In joint legal custody, both parents share the ability to have access to educational, health, and other records, and have equal decision-making status where the welfare of the child is concerned. Visit the North Carolina family lawyer for more information about this.
It is important to note that joint physical custody and joint legal custody are different aspects of custody, and determination is often made separately in many states' divorce courts. For more information about family law and the laws that it covers including child custody, then visit the North Carolina family lawyer for more details.