Physical & Legal Custody
Coeur d’Alene Child Custody Lawyer
Child custody agreements and orders vary from family to family when parents are separated or divorced. Common configurations include the following:
- Joint physical and legal custody: both parents are custodial parents
- Primary physical custody with one parent, with visitation for the other parent while parents share joint legal custody
Whether physical custody orders specify joint physical custody or primary physical custody for one parent and visitation for the other, joint legal custody is the norm unless one parent is clearly unfit. An unfit parent may be a drug addict, may be in jail or may be involved in habitual, dangerous, illegal activities such as prostitution. An abusive parent will also be considered unfit.
To discuss your family’s particular circumstances as you are approaching divorce or were never married to your child’s other parent, contact the Advocacy Law Center, PLLC in Coeur d’Alene to schedule a free phone consultation with a child custody lawyer.
Family law courts are not concerned about parents’ feelings or convenience when it comes to child custody and visitation. The sole legal issue when parents are separated or divorced is “the best interests of the child.” Joint legal custody is a commonly accepted arrangement that preserves parental rights even for a parent who no longer lives in the child’s home.
On the other hand, family law courts often demonstrate a tendency to favor the “status quo.” For this reason, a parent who is thinking of leaving the family home or taking a child from the family home before a child custody order has been issued by a court is strongly urged to talk to an attorney before taking such actions. Learn how the courts are likely to consider your child’s wishes, what constitutes “unfit parenting” and other factors that may prove pivotal in your child custody and visitation agreement.
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