Full question:
My husband and I have filed for a divorce recently and we have a 7 year old daughter living with us now. I plan to move out of the house we live in. My husband is an alcoholic and I do not want to endanger my daughter’s life by allowing her to stay with him. I’m afraidfor her safety. How do we decide who gets custody and what is the difference between legal and physical custody?
- Category: Divorce
- Subcategory: Child Custody
- Date:
- State: National
Answer:
Child custody refers to the rights and responsibilities parents have regarding their children, often becoming a significant issue during divorce. It’s advisable to seek qualified legal assistance in these situations.
There are two main types of custody:
- Legal Custody: This allows a parent to make important decisions about the child’s upbringing, including education and healthcare.
- Physical Custody: This determines where the child lives. The parent with physical custody has the child living with them.
There are also variations of custody:
- Sole Custody: One parent has both legal and physical custody, while the other may have visitation rights.
- Joint Legal Custody: Both parents share the right to make decisions about the child’s welfare. If disagreements arise, the court may intervene.
- Joint Physical Custody: The child lives with both parents at different times, with decisions being made by the parent with physical custody at that time.
Typically, divorce documents outline the custody arrangements. If parents cannot agree, the court will decide based on the child's best interests. Given your concerns about your husband's alcoholism and your daughter's safety, it may be wise to consult a local attorney to pursue sole custody.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.