The types of custody in Gastonia focus on physical and legal custody, and working closely with a trusted child custody lawyer is always advised.

If you are facing a divorce that involves children, need a post-decree modification, or have a child custody case outside of divorce, the stakes are high. Your parental rights are of primary importance and are well worth protecting.

Having a better understanding of the types of custody can help you obtain terms that work well for you. And one of the most important steps you can take on this journey is consulting with an experienced child custody attorney at the Law Offices of Regina M. Taylor, P.C., early on.

Physical and Legal Custody

The state addresses child custody in terms of both physical and legal custody. Both are based on the best interests of the involved children, which is determined on a case-by-case basis. Your custody attorney can present a strong case in your favor.

Physical Custody

Physical custody determines the parenting time schedule, which specifies when your children will spend time with each parent. Generally, physical custody is shared to some extent. When necessary, however, one parent may be assigned sole physical custody, which means the other parent won’t receive any parenting time.

A parent who is assigned the primary custodial role takes on the children the majority of the time, while the other has what amounts to a visitation. Primary custody involves determining where the children make their primary home, which the court may attach location guidelines regarding.

Legal Custody

Legal custody determines how you and your children’s other parent will make primary parenting decisions throughout the co-parenting process. When it is deemed in the children’s best interests, joint legal custody that involves both parents making these big-picture parenting decisions together is the court’s preference.

The kinds of parenting decisions addressed by legal custody in Gastonia include:

  • Decisions that involve the children’s health care
  • Decisions that involve the children’s education
  • Decisions that involve the children’s participation in extracurricular activities
  • Decisions that involve the children’s religious upbringing

Joint legal custody can take a range of different forms. For example, one parent may have the authority to break a tie in the event that the couple can’t reach a mutually acceptable agreement. The parents can also divide the decisions between themselves according to category.

Both legal and physical custody are important elements of your child custody case. Having a dedicated Gastonia child custody lawyer backing you up from the outset is always advised.

The Best Interest Factors that Guide Child Custody Cases

As mentioned, courts make child custody decisions based on the children’s best interests, and the factors employed include:

  • Each child’s needs, including any special needs
  • Each child’s age and overall mental and physical health
  • The preferences of each child who is considered mature enough to contribute
  • The depth of the relationships each child has forged with their siblings and with each parent
  • Each parent’s overall mental and physical health
  • Each parent’s ability to address each child’s needs and to provide the children with a safe home
  • Each parent’s level of financial stability
  • The strength of each child’s tie to their school, home, and community
  • The educational opportunities each parent can offer the children

Determining your children’s best interests in relation to child custody is a complex undertaking that your compassionate child custody attorney can ably handle.

Discuss Your Case and the Types of Custody in Gastonia With an Experienced Attorney

The types of custody in Gastonia include both physical and legal, and a seasoned child custody attorney at the Law Offices of Regina M. Taylor, P.C., has the legal skill and insight to help with both. For help with your case and to learn more, contact us today for an initial consultation.