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Child custody, conservatorship and guardianship describe the legal and practical relationship between a parent and the parent's child, such as the right of the parent to make decisions for the child, and the parent's duty to care for the child. Custody issues typically arise in proceedings involving divorce, as well as in paternity, annulment ...
Child custody is a legal term regarding guardianship which is used to describe the legal and practical relationship between a parent or guardian and a child in that person's care. Child custody consists of legal custody , which is the right to make decisions about the child, and physical custody , which is the right and duty to house, provide ...
It is possible for a court to make separate determinations of legal and physical custody. It is common to combine joint legal custody with sole physical custody and visitation, but the opposite is rare. [5] In joint physical custody both parents are custodial parents and neither parent is a non-custodial parent. [2] [6]
Historically, sole custody was the most common form of child custody granted after divorce. [3] Since the 1980s, joint physical custody with shared parenting have become much more common, and in some jurisdictions there is a legislative preference or presumption in favor of joint legal custody, joint physical custody or both.
A court can only appoint a guardian to a child who has no parent with parental responsibility for him/her or if the individual with whom a child was to live according to an applicable child arrangement order has died. Parental responsibility cannot be transferred or surrendered, completely or in part.
Often the obligor is a non-custodial parent. The obligee is typically a custodial parent, a caregiver, or a guardian. Depending on the jurisdiction, a custodial parent may pay child support to a non-custodial parent.
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