This may be surprising, but the answer to this question is likely not as easy as you think. There are two different types of custody that arise pertaining to a child. The first is physical custody, which designates with which parent the child will reside the majority of the time. Second is legal custody, which refers to the decision-making authority about major issues in the child's life. For example, when two parents are granted joint custody, that does not mean the child will spend equal time living with each parent. Instead, the term "joint" refers to the legal custody, and mandates that all major decisions in the young child's life will be discussed and made by both parents. This includes issues like religion, education, activites, etc. When two parents have joint custody of a child, one parent will have residential custody, menaing the child will reside with them the majority of the time.
When a court grants sole custody, this does not mean that only one parent will be allowed to have physical custody of the child. In fact, that rarely is the case. Instead, it usually refers to the fact that one parent will have the right to make all of the decisions in a child's life until that child is ready and able to make those decisions on his or her own. When sole custody is granted, the non-custodial parent will usually have visitation rights with the child, unless there are unique circumstances in a case making the parent a danger or unfit to handle a child.
Please contact one of our divorce or child custody lawyers for additional information or to schedule a free consultation.
WCZ
http://www.westmontattorneys.com
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