Facts About Child Custody

Every child has the right to be kept and cared for by a parent, custodian or guardian until he or she reaches legal age and becomes capable of living independently. This right is upheld by Family Law to protect children from the impact of marital separation by their parents and possibilities of abuse, parental alienation and manipulation. This is called custody.

A custodial parent is described as someone who has the legal obligation and right to care for his or her child or children physically including keeping in the same residence. Both parents are initially given the right upon marriage to have full custody over their children. They are said to have physical custody over their children because the children live with them and experience their day-to-day care.

If parents are separated because of dissolution of marriage (divorce or annulment), the custody status of a parent may change depending on the decision of the court. This is influenced by factors such as their current circumstances, capability of providing support, and the tendency, if any, to abuse or manipulate the child. Many lawyers in cities like Jacksonville, FL pay serious attention to child custody as a resulting issue of marital separation.

Child custody can be categorized as sole, joint or split based on the number of children and the reasons for separation. According to Family Law Jacksonville, FL lawyers also apply, sole custody is the arrangement wherein only one parent has physical custody over the child while the other is considered a non-custodial parent. A non-custodial parent is someone who may or may not have a chance for periodic custody over the child depending on the cause of the dissolution of the main parental responsibility.

Joint custody, on the other hand, is the arrangement wherein both parents have physical custody over the child. It can depend whether or not the parents are living together. For example, if the parents are separated, the court can allow both to keep the child in residence for equal but separate measures of time. Family Law Jacksonville, FL follows, however, considers a different arrangement when the number of children is already divisible.

Split custody is the arrangement wherein both parents have physical custody but over separate groups of children. One parent has custody over some children while the other parent has custody over the other children. This provision of the Family Law Jacksonville, FL allows for a more established parental responsibility as child support can be settled by the parent under custody.