Custody
Custody | |
Statutes: | Chapter 50A |
Description | Who the child lives with (physical custody) and who makes important decisions about the child (legal custody). |
Takeaway | Custody is determined by whatever a judge feels is in the child's best interest. |
Custody is determined by whatever a judge feels is in the child's best interest. There are two types of custody. Physical custody is who the minor lives with. Legal custody is who gets to make important decisions about the child. Generally, a judge is comparing one parent to the other to determine which (or both) are suitable parents. If one parent is substantially more responsible than the other, they will get primary physical custody. Each parent gets a minimum of custody of every other weekend due to their constitutional rights to be involved in their child's life, unless they are a danger to the child, abandoned the child, or otherwise demonstrated abandonment or disregard for their constitutional privilege.
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