Child custody litigation generally are emotional and stressful for parents. To proceed forward, it is essential to know about the parental rights. There should be an agreement between the parents of the children about their custody; visitation and it should be legally binding through a court order to avoid future complication.
Legal custody–determines the right and obligation of the parents to make decisions about a child’s upbringing. It is legally determined who shall be responsible for the schooling, medical and dental care of children. Most parent will share joint legal custody, giving both parents the right and obligation to make the important legal decisions regarding their children
Physical custody–determines the right and obligation of the parent with whom the children can live or have visitation. In California, a parent may request sole physical custody or joint physical custody. The standard for determining physical custody is determined by what is in the “best interest of the child.” Joint physical custody is usually preferred after checking evidence for absence of physical violence, drug or alcohol abuse or other behaviors or conditions. If such conditions of abuse are found that would render the parent unfit.
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