Child custody cases are often extremely emotional. Child custody cases are often going to be dealing with one or more children whose custody has to be decided for. Your child is limited with parents and has custody of them, and this may add additional stress to the situation if you are informed about the custody process.
Law presumed of both natural parents are the custodians of their children, and the law does not favor either the mother or the father. Either of the separated parents may petition a Circuit Court for custody of their child, if one of the parties cannot agree that the court will grant custody to either one parent or to both parents to be shared jointly.
The court and the law looks at the best interest of the child, which means that there is a standard when deciding on child custody and visitation. All court ordered custody has two components, legal and physical. The best is the child standard is going to look at certain factors that determine what is best for the child or children that are being presented to the court.
Grandparents and others may seek custody, but the presumption in favor of the natural parents can make it extremely difficult.
Types of court order custody and the definitions of those ordered custodies:
De facto custody is used in reference to who actually has the child before the court is involved. Emergency custody means if you believe there is an immediate risk of substantial immediate harm to you or your minor child, you may wish to request for emergency relief. The specific procedure to request emergency custody can vary from Circuit Court core however the emergency hearing quickly happens after filing the request, and if you’re granted emergency because there is a temporary order you will continue with the case as a final order providing permanent relief. While the emergency custody is temporary, it is not the same as temporary custody or pendente lite custody.
Joint custody is actually broken down into three categories: joint legal, shared physical and a combination. Joint legal custody is where the parents work together and share the care and control of the upbringing of the child. This is done so even if the child only lives with one parent permanently. Each parent has an equal voice in making decisions, there are hybrid versions of joint legal custody while one parent may have tie-breaking authority for the final word in case of this agreement or each parent may have certain areas of decision-making authority.