When fighting for child custody, parents can be awarded joint legal or physical custody. The former gives them the right to make child upbringing decisions while the latter gives the parent the right to have the kid live with both of them. If the court awards joint custody, parents can contest it and explain why a modification will support the best interest of the child.
Kufferlaw.com, child custody lawyers in Albuquerque, note that is best to understand what joint legal and physical custody means. This is to know the responsibilities and rights involved and determine if the modification is valid.
Joint Legal Custody
It is usually possible for both parents to have joint legal custody, giving them same rights when making decisions about their child education, medical care, and other important needs. This is most likely to happen if both parents have the ability to offer support and desire to cooperate in ensuring the best interest of the child.
When working on joint legal custody, parents need to have a constant interaction. Those who cannot work civilly are least likely to be awarded joint custody. If the parent thinks that it is impossible to share legal custody with the other party, they can consult a lawyer and ask for a modification.
Joint Physical Custody
While it is also possible to establish joint physical custody, this is rare. This is because living in two separate places at the same time can have a social and psychological impact on the child. This lifestyle is also hard to maintain and may not support the child’s best interest.
Joint physical custody may only work when both parents live close to each other. This helps lessen the stress on kids and helps them have or maintain a normal routine. The parent whom the child lives primarily is the custodial parent while the other parent or the non-custodial one will have parenting time or rights to visitation.
If you wish to establish or modify child custody order, consult a family lawyer. Working with a reliable attorney can help you determine your rights and deal with the court system.