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Legal information: Joint or shared child custody

by Elizabeth Mcgill

Created on: December 07, 2008   Last Updated: December 20, 2008

Parents should be aware that custody issues do not have to be painful, long drawn out ordeals. That is, if both agree to put the best interest of their child before their ownselves. There are variables that will dictate how time consuming a settlement will turn out to be. This will also be a good time to take in account the lawyer and court fees that will be incurred during this process.

Stipulation Agreements.

Courts, especially in California, encourage this agreement between both parents. This is an agreement both parents have on the custody issues such as, temporary child custody, child support, and visitation and post judgment modification requests. This is the first step in showing the court that you are willing to work with each other through these issues. This plan is best implemented with these other two plans.

Parenting plans.

This is a standard detailed plan of the legal and physical scheduled time-shared with the child agreement between both parents. This plan may be decided on by the parents, through their lawyers, for the courts. This plan includes visitations, special events, holidays, and vacations.

Child custody documentation plans.

A plan drawn up and designed to show the courts through documentation that you have fit parenting skills and or are best suited to the type of custody that you are asking for with your child. This involves documentations of parent/teacher meetings, child activities through church, sports, and family events. This will include time spent in homework help, and doctor appointments.

Parents have several custody options in the state of California. The courts will make their decision based on the above information provided and what is ultimately in the end, the best interest and welfare of the child. These custody options include the following.

Joint (pure)custody. In this case, sole and legal custody is negated and both parents have the same-shared rights for the child, including physical custody.

Joint legal custody. The parents share equal rights in making decisions about healthcare, education, and religion. This is the option most preferred in custody issues.

Joint physical custody. This settlement establishes whether a child is in physical custody of one parent or another, that the parents share the physical visitation of the child in equal time-shares.

Divided or split custody-plan. This plan is used to detail and outline the visitations rights of parents with more than one child. Where as one parent could each have a child inside a defined period of the year.

These settlement choices not only reflect the parents wishes, but also the child's. Be aware that at anytime either one of the parents can be held in contempt of court for not following their settlement guidelines. Parents should still work together as a parent team and allow for changes to the schedules, hours, lengths of visits, and so on. This is vital for the continuing success of whichever settlement they have been chosen or have been awarded.

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