Child custody is typically one of the first issues that arise whenever a family unit is dissolved, which is why establishing custody agreements is a significant component of family law disputes. In this scenario, you may ask for guidance or consult a family lawyer for child custody.
A family judge will make the ultimate decision if the parents cannot come to an acceptable agreement with both of them.
What Is The Most Common Child Custody Agreement?
The parent whom the child will physically dwell with is referred to as having “physical custody” of the child. The parent who is awarded legal custody of a child is the one who will be responsible for making meaningful choices on the child’s behalf.
Joint Custody
The term “joint legal custody” refers to the situation in which parents are given the right and responsibility to make important choices regarding their child’s upbringing.
Typically, this requires coming to terms with the child’s schooling, medical treatment, and even religious upbringing and establishing an agreement between the two parties. Consultation with a family lawyer for child custody is a must.
Both parents can spend about the same amount of time with the child when they have joint physical custody. For instance, the child may split their time between the two parents by staying with one for half the week and the other for the other half of the week.
This is an excellent plan for parents who collaborate effectively, live close to one another, and have children who are still in their younger years.
Sole Custody
A custody agreement known as “sole custody” specifies that the child will spend most of their time residing with just one of the parents. This parent will also be responsible for making crucial decisions.
The other parent will be granted visitation rights with the kid, which may include a certain number of overnight stays and the right to see the child at their place of education and participate in extracurricular activities. Agreements on this may be discussed with a family lawyer for child custody.
In addition, the other parent will have the right to see the child at home. The parent who does not have primary physical custody of the child should also be informed of significant developments in the child’s life.
A typical example of this arrangement is a visitation plan that permits the child to spend every other weekend with the parent who does not have primary custody. In most cases, this involves a face-to-face stay of at least one night, but technology may be employed to fill the void if this cannot occur due to unforeseen circumstances.
Even though it has been available for a few years, virtual visitation became a lot more prevalent custody tool after the implementation of COVID-19. These choices involve using video conferencing to make visits with the child easier for the parent who does not have custody of the child.
How Can A Woman Lose Custody Of Her Child?
Several circumstances might lead to a woman losing custody of her child.
History Of Domestic Violence
In family court, the safety and well-being of the child are always the top priority. If a woman has a history of domestic violence or abuse towards her child or their other parent, it could be grounds for losing custody in family court.
Drug Or Alcohol Addiction
A woman struggling with substance abuse can affect her ability to care for her child and make sound decisions for their well-being. Courts may choose to give custody to the other parent or a family member to ensure the child’s safety.
Inability Or Unwillingness To Provide Adequate Care
The court may also rule that a mother is unable or unwilling to provide the child with proper care, whether it’s due to neglect, financial issues, or mental health problems.
Convicted Of Crime
In some cases, a woman may also lose custody if she is convicted of a crime that could harm the child or interfere with their well-being. This could include crimes such as child abuse or neglect, assault, or even drug-related offenses.
Mental Illness
When a woman’s mental illness affects her ability to care for her child, the family court may rule that it is in the child’s best interest to be placed with another family member or guardian. The mother may also be required to seek treatment for her mental illness to regain custody of her child.
Can A Father Take A Child From The Mother?
During most cases, no. If there is no existing court order granting primary physical custody to the father, he will not be able to take the child from the mother without her consent.
However, if there is an existing court order granting primary physical custody to the father, he may be able to take the child from the mother if she fails to comply with the terms of that order.
For example, if the mother refuses to allow the father to see his child during his scheduled visitation times, he may be able to take legal action to enforce the terms of his custodial rights.
Get In Touch With A Family Lawyer For Child Custody
It’s important to note that family courts will always consider the child’s best interest in any custody decision. A woman may also be able to regain custody with a successful rehabilitation program and proof of being able to provide a safe and stable home for the child.
If you’re concerned about losing custody of your child, you must speak with an experienced family lawyer for child custody who can help you learn more about your rights and options.
Chapman McAlpine will fight for your rights as a parent and provide you with the dedicated legal support you need during a child custody dispute.
Reach out to our firm and consult with only the best family lawyer for child custody.
