What Are The Joint Child Custody Rights For Parents After Divorce?

January 11, 2021    Familylawyers
What Are The Joint Child Custody Rights For Parents After Divorce?

Despite the reluctance of both the parties, at times both the spouses have to divorce each other. Then, what about the children who seek the assistance of both the parents? The significance of joint child custody rights lies exactly in this regard. A top-notch child custody lawyer will acquaint you with the various rights which you have as a parent. Joint legal custody conventionally implies that both the parents can make significant decisions for their child.

Custody Ordered By The Court And Its Different Types

Joint legal custody should not be confused with a joint physical custody. Both the parents are liable to take care of the child even if the child lives with one parent. However, while residing with one parent, the child can visit the other at frequent intervals. There are various kinds of visitation and custody which the Australian court approves. These custodies and visitations are chiefly divided into two broad categories. These include sole physical and that of joint physical. A brief introduction to both these arrangements can be considered below.

Joint Legal and Sole Physical

This kind of arrangement allows the child to spend more quality time while living with a particular parent. Ironically, each of the parents can make the most crucial decisions about their kid’s life. Whether it’s rearing up the child or anything else, it should be made collectively by both the parents. This right applies despite that the child is residing in one particular place. In case of a disagreement, either parent can act as the tiebreaker to the other.

Right To Make Decisions

Each of the parents is also entitled to a right to make crucial decisions about the child. However, the circumstances or areas must be substantial enough to support this authority pertaining to both the parents.

Joint Physical And Joint Legal

This kind of arrangement is entirely different from the one stated above. It allows the child to live with the two parents simultaneously. Besides, the child can also spend equal time living with each of the parents. Both the parents should ensure that the child is able to reap the maximum benefits of this privilege. That’s why it would be best if both the parents are living in the same region or city.

Rights Of Both The Parents

Both of the parents are free to make the most vital decisions about the child. Besides, they are also allowed to work collectively to make decisions concerning some of the most crucial matters. These chiefly include schooling, treatments, medical procedures, religion and upbringing of the child. Effective and regular communication is also of utmost importance between both the parties. It would assist them to make the best use of this particular arrangement.

Which Arrangement Is Better?

The top family lawyers Perth always suggest the latter arrangement as compared to the former arrangement. This is because it has been observed that children with the latter arrangement live a much better life. In comparison with that, kids with the former arrangement oftentimes encounter some unprecedented issues which they might not expect.

The Best Interest Of The Child

The court of Australia considers joint parental custody to be in the child’s best interest. Certain resentful situations might trigger the need for joint parental custody. These primarily include faraway distances between the residences of the parents, family violence and children with special requirements etc. Other aspects include special and pertinent circumstances to name just a few. Certain factors triggering the decision of the child’s best interest include:

  • The relationship’s quality between the child and a parent.
  • Which of the parents is allowing the child to contact the other at frequent intervals?
  • How in the past both the parents had taken actions to support the best interest of the child.
  • The actions, conduct and moral principles of both the parents.

In certain compelling and compassionate circumstances, the joint legal custody can also be denied. However, the court of Australia requires both the parents to show substantial proofs pertaining to the same.

The Major Benefits Of Joint Legal Custody

Did you know that there are numerous benefits of opting for a joint parental custody after divorce? First of all, both the parents can make informed decisions regarding the child. Secondly, the kids are seeing their parents interacting with each other in a healthy manner. The parents in a word can take the most beneficial decisions pertaining to the following aspects:

  • The bedtimes of the child
  • The meals which the child is going to eat in his or her daily parlance and
  • The repercussions and rules related to the joint parenting etc.

Many other child-fostering choices can also be included in this list according to the pertinent requirements of both the parents. Parenting is a procedure which is open to constant alterations. There is going to be obstacles and challenges which both the parents will encounter during this journey. The verdict of collaborative parenting is oftentimes quite beneficial. This is because, it assists both the parents to take the most remunerative decisions about the child. As a result, the child can live a healthy life by getting the love and support of both the parents.

How Divorce Lawyers In Perth Can Help You?

Joint paternal custody should always be in the best interest of the child. The top divorce lawyer in Perth understands that quite well. These lawyers have oftentimes witnessed positive verdicts concerning the various child custody cases. After you contact any of these lawyers, your legal advisor will evaluate your case painstakingly. Subsequently, your lawyer will give you the choicest legal tips and advices. Finally, your lawyer will recommend you the most feasible legal option which is in your best interest.

Hire Affordable Child Custody Lawyers!

A family lawyer, Perth is competent enough to represent your legal case in the court in the finest possible manner. So, are you also heading towards the most vital decision of your life i.e. divorcing your spouse? Then, you must become aware of the different rights which both the parents are entitled to. A well-versed family lawyer in Perth will provide you the choicest assistance in this matter.

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