Laws

What are the rights of custodial parents?

A divorce, especially with kids in tow, can be a tough affair! In case divorce is inevitable, it is important to determine who will get the child’s custody with the help of local divorce lawyer. Custody is determined on a number of factors which include financial, emotional and mental conditions of the parent. Custodial parent is one who gets the custody of the child, which in normal cases is either the mother or the father, depending on who fulfills the criteria. The other parent, who is not custodial, is given visitation rights.

Rights of Custodial Parents

Custodial parents gain legal and physical rights to the child. Let’s try and understand these two categories of rights. The legal rights to custody allows you as the custodial parent to make major decisions on behalf of the child. The child is still young and cannot really take those decisions. Hence, these rights have been given to you. These decisions would include majorly education, religion, healthcare and other such binding decisions.

The physical rights to custody allow you to decide where and how i.e. Residence and location will the child live. In a lot many cases, you will find joint legal child custody while solo physical custody being granted to the kids. In such cases, both parents will make combined decisions regarding health care, education and other legal decisions involving the child.

Violation of custodial Rights

In case, you tend to violate the custodial rights administered to you, there may be legal consequences. Some of the common violations are when the parent visiting fails to return the child to the custodial parent or, when the custodial parent might be abusing the child. It is really very important to know the limit to your rights and only a lawyer can help you gain access to knowledge of custodial rights.

You should follow the child’s custody rights as it is mentioned by the court of law dictated by child custody lawyer. If you at any point feel the need to bring in some changes, as per your child’s needs, you may file a case in the court. Sorting advice from a professional legal firm or an attorney would help you.

Have your say

*