In a two parents conflict, the custody of a child becomes a question and always a problem. If the two parents fight for it, it will become a very harmful situation for the development of a child, especially after passing the problematic stage of divorce, so you need wilmington divorce lawyers to handle the case.
What Does The Law Say About This?
The first thing that must be defined is that by Law, both the father and the mother are obliged to fulfil their duty as parents in the care of the child and ensure their well-being.
To have custody of a child, the judge determines who of the two can offer an adequate environment for the integral development of the child. One of the first aspects is the time available to the father to take care of his son.
The Opinion Of The Minor Is Also Sought
Another referent that is of great importance is the opinion of the child. The judge will hear from his voice, which he prefers to be with, without implying the other parent’s denial of not seeing him.
The child will determine who he/she feels better with. But it is essential that your opinion is not manipulated, because the judge may impose a severe sanction on the manipulator.
What Is Legal Custody?
In many cases, parents agree to share “joint custody” or “joint legal custody” of their children. This means that both parents are involved and must consult each other when making important parenting decisions such as those related to education, healthcare, and religion.
If you believe that your children are not safe with the other parent, or have shown that they are inappropriate, you may be able to pursue “legal custody” or “custody” of the children. This usually means that the custodial parent comes to make crucial decisions, themselves, and does not have to consult with the other parent.
What Does Physical Custody Mean?
Regarding physical custody, when a child spends more time with one parent than the other, the father who has the child most of the time has what is called “primary custody” or “primary physical custody”. There is “visitation” or “secondary custody” for the parent who spends less time with the child.
In some cases, parents share or divide physical custody and children spend half their time with both parents one after the other. This is usually called “split custody” or “split joint custody.”