Custody

Child custody in the USA

There are two types of child custody in America:

– Physical

– Legal

Each has its own duties of a guardian in relation to the child.

Physical Guardianship

In this case, the guardian must live with the child permanently and take care of them. They are responsible for the physical comfort and condition of the child.
Types of physical guardianship:

Single – Only one of the parents lives with the child permanently, the second can visit him, if this is not prohibited by the court.

Joint – In this case, both parents must live with the child for an equal amount of time.

Legal Guardianship

Legal guardianship gives the right to make the most important decisions concerning the child. For example, about his religious upbringing, medical care, education, child care.

Types of legal guardianship:

Single – Only one parent can make the above important decisions.

Shared – both parents make these decisions together, regardless of which parent lives with the child.

In America, the courts are trying to ensure that as many divorcing couples as possible come to a decision on joint custody. However, this does not happen as often as we would like. Cases of registration of single guardianship remain the most frequent. 
The main factor taken into account is the interests of the children. For example, a judge will allow the non-guardian parent to visit only if it does not harm the psyche of the children. 

Applying to visit a child

The child’s grandparents, brothers, sisters, and other immediate family members can file a petition and obtain the right to communicate with the child.
Parents will be able to visit children who are in a foster family only if they have not been deprived of parental rights before.

How does the court decide on child custody?

Everything happens in the best interests of the child. That is, the right to be a guardian will be received by the parent who can provide for the children financially, as well as create material and psychological comfort for them. At the same time, the health (physical and mental) of both parents, their work schedule, the relationship between them, as well as the desire of the child himself are taken into account.