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What does Joint Custody and Sole Custody Mean?
The term "custody" has
been defined as the care, control, and maintenance of a child. When one
party is awarded sole custody of a child, it usually means that the
party who has custody will make the major decisions regarding the child
in his or her care, and have the child residing with him or her. Joint
Custody is a more flexible term. Two parties will usually be awarded
joint custody of a child only if they can work together to plan for the
care and maintenance of the child. A joint custodial arrangement usually
specifies when the child will reside with each parent, and how decisions
affecting his or her care are to be made. |
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Joint custody does not
mean that the child must reside equally with both parties, although that
is sometimes the case. It also does not mean that both parties have to
make all of the decisions regarding his or her care. The parties may
agree that one party makes these decisions after informing or consulting
with the other. If a court must determine which party will have custody
of a child, the judge will examine all of the facts, and base his or her
decision on the best interests of that child. Some of the factors that
must be considered in making this decision are the stability of the home
environment, the relationship between the child and others in the home,
the wishes of the child if they can be ascertained, and the ability and
willingness of each party applying for custody to provide the child with
guidance and education, the necessaries of life, and any other special
needs. If you have specific concerns about the custody of your children, you should see our lawyers. |