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Do the Mother and Father Have Equal Rights in a Child Custody Dispute?

Do the Mother and Father Have Equal Rights in a Child Custody Dispute? | Warnock Family Law

When it comes to child custody, mothers and fathers want to know if they are on equal footing when they go into a custody dispute. While parents both share equal rights to their children, there is a myriad of factors that come into play in a custody battle. Different custody arrangements can be decided by a judge that will work best with parents’ work schedules and living arrangements if both parents are found fit to maintain their shared rights.

What is joint custody?

Joint custody refers to a situation when both mother and father have equal say legally and physically in the life of their child. Legal custody, such as where the child will go to school, medical treatment permission, religious upbringing, etc. is basically a parent’s right to have a say in anything involving their child. Physical custody refers to the actual time a child is in their mother’s or father’s care.

If both legal and physical custody are mostly split evenly, the parents have shared custody. This situation gives both parents the most freedom with their child. Shared custody allows parents to share time with their children. This is the most amicable situation for the parents. Joint custody can be used interchangeably with shared custody.

When are a parent’s rights taken away?

Factors that a judge takes into consideration to determine custody are:

  • Which parent will most likely allow the other parent to see the child
  • A parent’s mental or physical health
  • History of abuse
  • Drug use or alcoholism

If a parent is on the wrong end of these factors, the custody of their child may be limited or taken away altogether. But there are also ways to show the judge that you are fit to parent and will have a good impression on your child. Positive ways to impact the results of a child custody battle are to:

  • Be on time
  • Do what you say you will do
  • Do not bad mouth your ex on social media
  • Do not put your children in the middle

By hiring an experienced child custody attorney, you will be able to fully realize all your parental rights. While mothers and fathers have equal rights in a child custody dispute, you want to make sure that a full picture is painted about the positive impact you have on your child and the need to maintain a full relationship with them.  Speaking with an experienced family law attorney will help you determine if joint custody is not desirable for your child’s wellbeing and how to pursue a different custody agreement. For the best representation in Las Vegas, give Warnock Family Law a call today.

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