The Different Types of Child Custody

Child custody is an emotional issue. While no one can dispute your love for your children it is also true that many times emotions take the front seat and do not let good sense prevail even in uncontested divorce settlement. Parents fail to realize that the future of the children should take precedence over custodial issues. Emotional attachment is important for the child but so is his/her future.

Understanding child custody and the basis of which the court passes its order can help a great deal in coming to a mutually accepted arrangement with your spouse so that you can opt for filing divorce papers through uncontested divorce forms for a quick and hassle free divorce.

Uncontested divorce forms are provided for spouses who have decided to separate but do not what to contest. These are simple forms but cover each and every issue involved in divorce proceedings.

Remember that all divorces must have legal sanction and certified by a court order even in the cases where uncontested divorce forms have been filed. The judge will scrutinize each point of the agreement to see whether it is equitable to both parties. Most judges are extremely careful about child custody. From past experience, the judge knows the age of the child is the most important aspect to consider. Along with the age, the judge will also pay attention to the ability of each parent to provide love, care and financial support to the child and the emotional attachment of the child to his or her parents and grandparents.

There are different types of custodial orders that a judge may pass. There are two types of child custody that the judge may choose from. It could be physical or legal custody. Physical custody determines with whom the child will stay. The parent to whom physical custody is granted is responsible for day-to-care. Legal custody, on the other hand, means that the parent is responsible for taking decisions such as medical aid, education and any other decision regarding the welfare and future security of the child. Even in divorces papers filed through uncontested divorce forms the judge has jurisdiction over changing what both parties have agreed upon.

Besides physical and legal custody, there is also sole and joint custody. Sole custody is granted on the basis of one parent being unfit. Joint physical custody presumes sharing physical care, actual lodging and care according to a parental plan or parental schedule determined by the court. Some states have a clause for substantial sharing and not for equal sharing. However, there is no definite explanation of the term substantial. Joint custody is different from visitation rights that are granted only in the case of sole custody.

There are many more terms involves in child custody. The moot point here is that child custody usually leads to bitterness between separating parents and they would do well for themselves to arrive at an arrangement by themselves rather than leave it to a judge. Also, child custody is one of the issues that you will have to mention in uncontested divorce forms. Agreement on this issue will facilitate the smooth process of divorce that uncontested divorce forms are associated with.