Going through a divorce can be a complicated process. When children are involved, it can be even more so. There is often a misconception about the meanings of joint and sole custody.
As your personal brigade fighting to obtain support for your child, The Betz Law Firm will ensure that you understand all of the guidelines set out by the state of Missouri and how they will affect your family.
There are different types of joint custody. The divorce decree will indicate with whom the couple’s children will live. In some cases, the parents will work out the details themselves, either voluntarily or with the help of their lawyer or mediator. However, when parents cannot agree on issues, it may be necessary for the court to intervene and decide the best for the child or children.
The parents share equal legal and physical custody rights in a true joint custody arrangement. This means they have an equal say in making decisions for the child, including welfare, upbringing, and living arrangements.
However, true joint custody arrangements tend to be rare because they can cause problems among the parents and are often not practical.
A more common scenario is joint legal custody. With this arrangement, parents agree to make decisions that affect the child’s welfare and upbringing, but physical custody is awarded to one specific parent.
During a divorce, a court judge determines which parent will provide daily care for the child. In most cases, the child will live with the parent who has physical custody.
With sole custody, only one parent is granted exclusive physical and legal rights. This may happen in cases of domestic violence or child abuse. The other parent has no right to decide for the child but may have visitation rights.
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