What Are Parental Custody Rights?
Generally what paternal custody rights refer to is the ability of the biological father to obtain either physical or legal custody of their child to children. Usually a discussion of custody rights becomes necessary in situations involving legal separation, divorce or where the other parent in question is unable to assume the responsibilities of custody.
The court will prefer, if possible, to grant the custody of the children in question to their biological parent. A judge will always determine however, whether a custody arrangement will be suitable for the child or children. They will have to conduct an in-depth evaluation of the father to help determine whether he is fit to care for the child or children. There are various factors that the court would consider, for example, the history of the father with the child, their emotional and mental state, as well as their financial status.
Are There Various Types of Child Custody?
Primary child custody is arranged to the standard of the child’s best interest. There are various types of child custody and this can involve a mix of them. For example, there is a difference between physical and legal custody. Physical custody is in reference to which parent the child will physically be staying with for most of the time. Legal custody is all about the parent being responsible of making important and legal decisions for the child, for example where the student singing documents, etc.
In a more traditional custody setting, the physical and legal custody of a child was granted to the mother. More recently, alternative child rearing options are being favored by courts, for example those that involve joint or split custody, this is where roughly an equal amount of custody time is shared by parents. This will only be an option is possible, and if there are absolutely no records of serious conflict or violence in the home.
What Happens if a Child Custody Order to be Changed?
At times, paternal custody rights need to be altered ever after a custody order has been set. This will only occur if there were to be a “major change of circumstances” with either parent. For example, is the father has taken on a new job, there may be the need to modify the child custody order. Another example that happens often is if a parent were to relocate and therefore the order must be modified accordingly.
Any change or modification made to an existing child custody order must be sent over to the judge who will be able to approve it. This will help guarantee that the child’s, mother´s and father’s custody rights are not violated in any way.
Is a Lawyer Needed to Help with Paternal Child Custody Rights?
A very important aspect of any child visitation/custody arrangement is the paternal custody rights. It may be a good idea to hire a qualified lawyer near you if you need assistance in any child custody matters. A qualified lawyer will be able to assist you in understanding what your rights and responsibilities are they may even be able to help represent you throughout the progression of a trial.