Parents who are divorced or have kids younger than 18 years old may find it difficult to raise their kids in single-parent households. Remember that you're not unaccompanied and that professional help is available to you.

Child custody is the place where your children live after divorce (physical custodial), or who has the legal authority (legal custodial). One parent may have sole custody, while the court may assign joint responsibility to both parents. These key terms will help you to understand child custody laws.

Physical custody is the right to allow your children to live with you both after a divorce. The right to have your children live with you after a divorce is called physical custody. One parent may have sole custody.

Courts often prefer joint physical custody to ensure that children have access to their parents, and this is sometimes the default state decision. A disputing parent might need to prove that the children should not spend any time with either parent. For more information, visit our Divorce Attorney Page.
Parents who share physical custody must spend time together with their children. It does not need to be 50-50. If parents cannot reach an agreement, courts may order a schedule, and parents can agree on alternate weeks, months, and holidays.
Parents can be involved in the lives and decisions of their children through joint physical custody. Research shows that children are more likely to receive joint custody when their parents’ divorce in low-conflict divorces. This allows them to participate in the lives and decisions of their children. Joint physical custody is not a good option if parents’ conflict. However, it can lead to emotional conflict between them.

• How will you and your ex-spouse divide your children's time?
• What distance can you live without your spouse?
• Are you planning to move to another area in the near future?
• Are you prepared to have frequent conversations with your ex-spouse?
• How important does it matter for you to play an integral role in the lives of your children?

The children are in sole physical custody, meaning they live with their custodial parent and have regular scheduled visits. Because the children can stay in the same location, this arrangement is advantageous. Logistically, this arrangement is less stressful, especially for parents and their children when it comes school, neighbors and friends. However, this arrangement is not equal to joint physical custody. Visitation can seem more like play than it is meaningful and children no longer live with noncustodial parent.

• Who will be your children's home for the rest of their lives?
• Are you concerned that it might be too difficult for your children to have only physical custody?
• Stability is vital for your children.
• What level of involvement would you prefer to have your ex-spouse in the upbringing of your children?

In sole physical custody arrangements, the visitation schedule must be agreed to by both custodial or noncustodial parent. These situations are usually when the custodial parent fears that the child might be hurt (such abuse or neglect) or the children don't want to visit the noncustodial parent. If there are continuing violations, a judge could make the violator guilty by contempt of court. In some states, interfering with visitation could be a crime. If you suspect you have violated your visitation rights, you should immediately consult an attorney.

Each state has its own laws that allow grandparents, stepparents and foster parents to have close relationships with children. However, laws in each state are different and some are more restrictive than others.
Many states have visitor laws that permit grandparents to have visitation rights. This is best for the child's interests. Some states, however, limit grandparents' visitation rights to court-ordered visits under certain conditions.
Step-parents and grandparents need to be aware that visitation is a state-specific matter and that courts have made contradictory rulings. If you are unable to accept visitation, it is a good idea to consult an attorney.

Legal custody allows you to make decisions about your child's education. This includes financial support, education, religious instruction, medical treatment, and financial care. Legal custody is similar to physical custody. It can be shared equally by both parents or vested solely by one parent.
Most states have both spouses maintaining joint legal custody. This means that both parents are able to make decisions about child-rearing. In very rare cases, sole legal custody might be granted by the courts. A parent who has sole legal custody is allowed to unilaterally decide about the child's care.

In some cases, close relatives or friends may seek custody. This type of custody is called "nonparental custody", "third party custody" or "guardianship" by the states. 11 A petition is filed with court. The court will pay the fees and sometimes, the parents will file a letter of consent. The court conducts background investigations and arranges interviews and home inspections. The judge will then decide about the best interests for the child.

It doesn't matter what circumstances you are going through, it is best to get legal advice. You should not take lightly a complex issue such as the custody of your child. Family lawyers or divorce attorneys may be able help you to manage your situation and help your kids start a new chapter. Locate one near you to start winning the custody battle.