How does marriage status affect a parent’s ability to have custody of their child?

April 29, 2021 in Articles | MARTIN WREN, P.C. | LEAVE A COMMENT

Child Custody Lawyer

Chicago Child Custody LawyerIf you and your former spouse agree on custody, the court is often going to follow along with that without looking deeply at how you lead your life. A judge is not going to know or know that it is necessary to ask whether one of you is living with another person unless your ax brings it to the judge’s attention. If you and your spouse are battling over custody, the traditional advice is to not live with a new partner and to be discreet in your sexual activity until the court makes a decision. You should reach out to a child custody lawyer such as the ones available Hurst, Robin and Kay, LLC.

This advice applies to both fault and no-fault divorce because apparent living arrangement is always admissible when a parent is involved in a custody dispute on the court as much information as possible to determine what the best interest of the child are the word traditional to describe the no sex no living with anyone advised is because many state now have more relaxed legal attitude towards living together, and while a judge may not be enthusiastic about granting costs apparently as part of an unmarried couple, judges are not necessarily going to deny custody solely because they live with someone else. This is especially true if the judge learns that this new relationship is a stable and nurturing environment for the child.

The decision not to live with someone other than a platonic roommate who was fighting over custody is decided on a situation by situation, state-by-state basis. This is especially true if your former spouse is likely to make an issue of it, then you need to consult a legal professional to find out the local practices and any prejudices you should be aware of.

There are two types of custody in most states, physical and legal. Physical custody is the right to have the child live with you, while legal custody is the right to make important medical decisions, decisions about schooling, and decisions about religion and other things to do with the child’s upbringing. A child custody lawyer is going to be able to provide you more information on custody laws for your specific case.

Custody should not be confused with child support. Every parent has an obligation to support their own children. However, when one parent has physical custody and the other has visitation rights, the parent with visitation is often going to be ordered to pay some child support to the other parent because that parent is deemed to be meeting their obligations to the cost of the child itself.

Custody can also be sold or joint. Joint legal custody means that the parents plan jointly for their child’s future, and the same way they did before the divorce, joint physical custody is typically worked out by the parent, oftentimes it’s going to take in the parent schedule, the chosen schedule, what the children’s one, quality of schools, releasing brands and more. Oftentimes joint custody is believed to mean that parents split the child down the middle quite literally. But that is not what it means. Joint physical custody means that a judge is going to award custody and one parent is going to be named primary caretaker and then one house is primary home.

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