Child Custody and Visitation Lawyer in Andheri
What is Child Custody?
What happens when both parents fight for child custody?
Either one of the parents gets Physical custody, Legal Custody or Sole Custody. Whereas the other parent gets Visitation rights. Know more about Child Custody and Visitation Lawyer in Andheri.
What is Physical, Legal, and Sole custody?
Physical custody refers to when the child will either equally split their living arrangements between both parents’ homes, or the parents will design a schedule that will allot alternating periods of time in which the child will live with them.
Legal custody refers to the right to make important decisions about how a child will be raised, such as what school they will attend, what religion they will follow, and the kind of medical care they will receive etc.
Sole custody refers to when only one parent is granted both legal and physical custody of the child. This means that the parent will be able to make legal decisions on behalf of the child and also that the child will physically reside with them. Sole custody is usually awarded in cases where the non-custodial parent poses a serious threat to the child’s well-being.
Can Joint Custody be awarded?
Yes. Joint custody allows both parents to equally share responsibility over certain aspects of their child’s life, including the amount of time a child spends with each of them and the ability to make important decisions about how the child is raised.
Most importantly, the Courts consider the child’s best interest as of paramount importance and a paramount factor while deciding cases related to Child custody.
The earning capacity of the parent does not determine the custody but the capacity to provide a safe and healthy environment does.
Even though the mother is preferred to be the custodial parent when the child is of tender age, once the child attains an understandable age, their wishes and desires are considered while deciding the issue of custody and access. Find the best Child Custody and Visitation Lawyer in Andheri.
What is visitation right?
Child visitation, on the other hand, refers to the legal rights awarded to a non-custodial parent. In other words, if a parent does not obtain any type of physical custody over a child, then they will usually be granted visitation rights.
A schedule is created either by agreement of the parties or court order after a trial. That schedule allocates the time the children are to spend with each parent, including allocation of holidays, as well as over-night time sharing during the week and on week-ends. Failure to permit this time sharing could subject you to the contempt powers of the court. It could also form the grounds for modification of visitation in the future.
There are 2 types:
Supervised – which requires a neutral third party to be present during the visitation period. This form of visitation is ordered by the court.
Unsupervised – this is the most common of the two. It permits a parent to spend time with their child without the supervision of a neutral third party
Difference between Custody and Visitation?
The terms “custody” and “visitation” are sometimes used interchangeably, but they actually have different meanings.
Custody is a broader term and can refer to either legal or physical custody, while Visitation refers to time actually spent with the child.
Visitation typically refers to the parenting time given to the noncustodial parent when the other parent has sole custody of the child. Easy Divorces is one of the best Child Custody and Visitation Lawyer in Andheri. Contact us for more details.