When parents divorce, they have to decide where the child will live. They also have to make decisions regarding the upbringing of the child. Child custody laws describe the rights and responsibilities of parents for their child.

Physical custody will generally describe who the child will live with. The parent may agree on physical custody, or the court may order a parenting plan. In general, a child will live primarily with one parent. The parent would be considered as sole physical custody. The other parent would be non-custodial parent. If the child lives equally with both parents, the parents are said to have joint physical custody.

Legal custody will generally describe the decision making on upbringing of the child. In most cases, both parents will have joint legal custody of the child. However, the court awards sole custody to one of the parents in some cases.

Legal custody is very different from physical custody. For instance, a parent with legal custody has the right to decide on the child's medical care, dental care, education, and religion. However, the child may or may not live with that parent. It is important for the parent to understand the difference before making a request for legal custody.

Legal battles over child custody can be long and expensive. Both parents will need to pay very expensive legal fees to family courts and family law attorneys. If it is possible, parents should come to an agreement on physical and legal custody of the child without the family courts.

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If you are having a child custody dispute with your ex-spouse, it is in your own interests that you should familiarize yourself with the child custody law. This will give you a better understanding as to how the law works.

Child custody has two basic aspects to it. One is legal custody and the other is physical custody. Legal custody gives the parent the responsibility regarding the child's health, education and welfare. The parent also has to make the appropriate decision for the child. If only one parent is given the legal custody of the child, then that parent has to make all the decisions and he / she does not have to consult the other parent while making the decision.

There can be situations where both parents have the legal custody of the child. In those circumstances, the decision on the child's health, education and welfare has to be made by both parents jointly. Usually this sort of situation does not arise as the court knows that the parents may not agree with each other.

Physical custody allows the child to live with one parent. Sole physical custody is that when the child lives primarily with one parent and while the other parent has visitation rights or the child can visit the parent at his / her home.

Then there is joint custody where the child spends equal time with both the parents.

Physical custody is the most contentious issue as both parents end up fighting for the child. However, it is the court that decides after taking the child's interests into consideration. There is no doubt that it is not practical for the child to spend equal time with both the parents. It can also cause psychological trauma to the child. That is why parents have to focus on the child's interest rather than on each others shortcomings.

If you are going through a divorce, you should sit with your spouse and first work out the custody arrangements and everything associated with it. Once you have reached this arrangement with mutual consent, you can be sure the arrangement would have the best chance of working out rather than those enforced by the court when there is a legal battle for the child.

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When children are at stake in a divorce, it may complicate and delay the issuance of the divorce decree. In some cases the courtroom has become a battle field for parents who are disputing the role of the custodial parent or disputing child custody. In such cases, judges today are often ordering a child custody evaluation of the family by experts in the field of child psychiatry, psychology or mental health. The mental health experts typically evaluate the activities of each parent, the life at home, parenting skills, relationships with the child, the child's feelings and preferences and in many cases utilize psychological testing. The recommendations of the expert involved can be a basis to a custody agreement or can be rejected by the two parties letting the judge have the final say.

What are the common child custody agreements? There are numerous types of child custody agreements and there is no one size fits all child custody agreement that works for all families and children. But here are some basic sample child custody agreements that can be reached following a divorce.

First, child custody agreements can be reached regarding physical custody. Parents or judges have to determine with whom the child will live with and which parent will be allowed to be with the child. A parent can be granted sole physical custody in which the other parent will have little to no contact with the child. Sole physical or full physical custody often takes place in cases of physical abuse or a high degree of poor parenting skills by the other parent and in cases where it would be in the best interest of the child to have such an arrangement.

Legal custody typically has to do with decision making rights. Legal custody generally gives parents decision making rights regarding their child's health, education and welfare matters. As it is with physical custody, a parent can also be denied the right to legal custody and on those decisions if the other parent obtains sole legal custody. Further, parents can also agree or be awarded joint legal custody. Absent a showing of detriment to the child, joint legal custody is often granted to the parents.

Common child custody agreements can be worked out in a parenting plan and can be ordered by the court or agreed to by the parents. These child custody agreements generally address legal custody issues such as the health, education and welfare of the child and physical custody issues such as with whom the child will live with and how often the child will have contact with each parent.

© 2006 Child Custody Coach

Child Custody Coach supplies information, online materials, and coaching services to parents in the field of child custody, namely, divorce, child custody and visitation, child custody evaluations, 730 evaluations, parenting, and all issues related to child custody and divorce. "How to Win Child Custody - Proven Strategies that can Win You Custody and Save You Thousands in Attorney Cost!" is a unique child custody strategy guide written by The Custody Coach and made available by Child Custody Coach in an easy to read, understand, and apply E-Book format. Custody Match is an online consumer and family law attorney matching service to help you in your search for the right attorney for your divorce or child custody case. Custody Match can help you find the right family law attorney, divorce lawyer, or child custody attorney in your area.

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There are unavoidable circumstances in a marriage and sometimes it leads to separation and divorce. If you have children, the divorce will be followed by child custody issues and of course as a parent you want to get a favorable arrangement. There are things you can do to increase your chance of getting custody of your child.

There are different scenarios and arrangements; there are cases that both parents are granted joint custody of the child and in some cases a parent may insist on sole custody of the child. Here are some tips to increase your chance of getting custody of your child.

Get a very good lawyer. It is best to settle child custody through negotiation but in case you have to file a case in court, it is important to get the best lawyer to properly represent you. Get someone who has the experience in representing child custody case. Listen to your lawyer because he or she knows how to deal with your situation. Tell all that facts for your lawyer to help you in getting custody of your child. Work out with your lawyer on how to feel comfortable and get familiar with the procedures and questioning regarding your case.

Be civil with your spouse. It is important for your child to see that you still respect the other parent despite of the divorce and the child custody case. It will not increase your chance of getting custody of your child if you speak badly about the other parent in front of your child. If you want to prove you are a better parent, words are not enough, you need to document everything as a proof. Document everything about your relationship with your child and the parenting issues of the other parent.

Be a good parent to your child. A failed marriage doesn't mean you have to fail as a parent. When getting custody of your child, keep in mind the best interests of your child and try to be the best parent your child could have. It is important to keep a good relationship with your child and the welfare your kid should be your priority.

Failed marriage is painful but it doesn't mean you have to be separated with your child too. As a good parent, you want the best for your child and there are things you can do to increase your chance of getting custody of your child.

Do you want to discover a unique program developed by respected child custody experts that will give you the best chance of winning a favorable child custody arrangement? Visit Child Custody: Psychologists Strategies at Parenting Guide

To know more about home and family visit All About Home and Family

Gerry Restrivera writes informative articles on various subjects including How to Increase Your Chance of Getting Custody of Your Child. You are allowed to publish this article in its entirety provided that author's name, bio and website links must remain intact and included with every reproduction.

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