Hi my name is the Stacy Roberts and I am anattorney here at Long Okura. If you’re going through a divorce proceedingor any proceeding where children are involved there’s a few things you shouldknow about child custody. First of all there are two differenttypes of custody that can be awarded in your case. There is Physical Custody and LegalCustody. Physical Custody is where the childrenspend the night. If you are awarded sole physicalcustody it means the children are with
you for the majority of the overnightsin one year. It means you have twothirds of those overnights. If joint physical custody is awardedit means the parents are splitting these overnights and they’re with each parentequally or the parents have at least one hundred and eleven overnights each year. There is also legal custody and this regards who makes the majordecisions in a child’s life regarding religion, education, residence
and any major health issues. Sole legal custody means that one parentis making these decisions but they’re communicating these decisions to theother parent. Joint legal custody means the parentscooperate and decide together in any of these majors decisions for a child. In your decree or any final documentthere should be how these final decisions will be made if there is anydisagreement. Whether you’re going to go to mediation to decide or if oneparent is going to be the default
decision maker. When a court is making the decision onthese custody matters they look at several different factors in a child’slife. The most important is what is in thechild’s best interests. They also look at who has been thehistorical primary caregiver for the child, any current arrangements or status quothat has been reached in the case, if there are siblings involved, if specialbonds have been created with the parent,
what are the the moral character andemotional stability of each parent, the situational stability of a parent, also how much time does the parent haveavailable to spend with the child. Any significant impairments of a parent mayalso be taking into consideration, but disability is not a factor when thecourt is deciding. If any parents has relinquished custody or hasnot been involved in the child’s life the court will also take this intoconsideration. In summary there are two types of childcustody: physical custody and legal
custody. There’s also various factors thatthe court will take into consideration in awarding these different types ofcustody. If you have any questions please contactLong Okura and setup an appointment with an attorney so we can tell you which factors maybe mostimportant in your case..