Parents who divorce in South Carolina should know that the type of child custody they get will determine how they will raise their offspring. Child custody is a legal phrase that defines the kind of relationship a parent can have with their child even after their divorce. There are two types of child custody to know about.
Legal custody
This type of child custody dictates that the parent who has it will have the legal right to determine the upbringing and necessary rights of the child. Some of the basic issues include religion, school and medical care.
There are many instances where parents are awarded joint legal custody after a divorce. When this happens, the parents must put their differences aside and collaborate to raise their child. Unfortunately, after the divorce, some parents might find joint legal custody difficult. One of them might find that they want to make all the decisions alone. If this happens, the other aggrieved parent can challenge this in court.
Physical custody
After a divorce, the court might rule that the child will live with only one parent. This is called sole physical custody. However, it does not mean that the other parent does not have the right to see the child. The court will likely award visitation rights to the other spouse. It might be a few hours a day or a whole day during weekends.
In many cases, parents are awarded joint physical custody. It means that they will both get to live physically with their child for a significant time, and the child will switch households regularly. Parents are more likely to have joint physical custody when they live near each other.
Fighting for custody
Divorced parents who feel they have received wrong judgments about custody of their children should contact a family law attorney. A legal professional may help a client understand their options for pursuing sole or joint custody.