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I wonder who the custodians are going to and how custody and visitation are determined during the lawsuit for the parents who are considering divorce or divorce. In fact, what is custody and how is it determined?


Custody rights refer to the right of a couple to divorce minor children. The divorce process includes all the problems of property division, child rearing, and living expenses. The law requires parents to arrange child care after divorce. If no agreement is reached, the court will determine the child's residence on behalf of the parent.

Types of custody

1. Physical custody

Physical custody refers to the right to live with a child. One parent lives with the child, and the other parent has the right to visit. In some states in the United States, both parents are given physical custody jointly. Co-physical custody has the advantage of being able to maintain a normal routine even if the living space is different. It is quite effective in reducing stress after children's divorce.

2. Legal custody

Legal custody is the right to decide everything about child care. Parents with legal custody can decide their child's education, health, and religion on their own. In most states in the United States, legal custody is given equally to both parents. The decision on a child basically means that two parents share the same. Co-legal custody is most important for parental cooperation. If one parent violates the law and excludes the other parent from the decision, it can only be put to court again. In this case, they are not fined or imprisoned. But the antagonism of parents revealed in the process can leave a big wound on the child.

3. Single custody

The right to have legal custody, physical custody, or both. Parents without rights can not have any custody other than the right to visit. Parents without rights can not exercise any influence in raising a child unless the reason for disqualification is found by the rightful parent.

4. Co-custody

It is the right of custody jointly by parents. Usually, if one parent has parental rights and custody of a child, but is deemed to be beneficial to the growth and well-being of the child, joint custody is given unusually. Joint legal custody, joint physical custody, and joint legal and physical custody.

Custody decisions for unmarried parents

On the other hand, if the parents of the child are not married, the United States gives most of the unmarried mothers a single physical custody. The single can apply for a visit. The right of visit is the parent's consent, and if no agreement is reached, the court will issue a ruling. Unmarried parents have a relatively simple process of custody or visitation. Because you are not legally married in the first place, you do not have to go through complex divorce procedures.

Third-party custody decisions

If one of the parents is deceased, or if it is determined that the parent is not capable of nurturing the child, the court may grant custody of the child to the grandparent, aunt, uncle or other relatives. A third party must first file a custody application with the court, followed by a procedure to prove the reasons for having a relationship with the child or custody.

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