Child Custody Rights
What Are Child Custody Rights?
Child custody rights refer to the set of rights that is transferred to a person when they assume custody of a child. Not every person can make certain decisions on behalf of a child. Only the parent with legal custody can make important legal decisions on the child’s behalf. Physical custody of the child can often rotate, especially if there is a visitation schedule in place. However, usually only one parent has legal custody of the child.
Some child custody rights include:
- The ability to make educational decisions for the child (such as where to send them to school
- The right to make religious choices on the child’s behalf
- Rights regarding the making and entering into of certain legal contracts
- The right to discipline the child (within the bounds of state and federal laws)
Are Visitation Rights Included in Child Custody Rights?
Visitation rights are a large part of many child custody rights. However, they are not applied in every case, since each child custody arrangement may involve different needs. For instance, visitation rights are not allowed in some cases where the non-custodial parent has a restraining order involving the child or the other parent. Or, visitation rights may be limited if there is a history of abuse or neglect with that parent.
Can Child Custody Rights Be Changed?
Certainly- child custody rights often need to change and be modified over time as the situation changes for the child and the individual parents. For instance, child custody may move from a sole custody arrangement to a more shared custody arrangement if one parent is able to show that they have become fit to engage in more responsibilities.
Also, child custody rights can be lost if the parent engages in unacceptable conduct for the child or if they become incapacitated or incarcerated. The parties can also file a request to modify and existing custody order as needed.
Do I Need a Lawyer for Help with Child Custody Rights?
Child custody rights can often be complicated and may also be applied differently depending on the family situation. You may need to hire a lawyer for assistance if you need help with child custody rights or any other family law matters. Your attorney can provide you with legal assistance and advice on the matters, and can help determine a suitable course of action for you. Also, in the event of a legal conflict, your attorney can represent you during court meetings in trial.
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Last Modified: 02-03-2014 04:58 PM PST
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