In divorce cases, parents with children must address custody issues. Often, parents in Madison can share child custody. Through joint legal custody, both parents can make major decisions about how to raise their kids. Shared physical placement will make sure the kids can spend time with both of their parents. But sometimes, joint legal custody is not appropriate. If this custody arrangement puts the safety and well-being of the children, some kinds of placement restrictions may need to be put in place. In this case, a parent should hire a child custody attorney in madison to help ensure the best interests of their children are protected.
Joint vs Sole Legal Custody
Courts in Madison presume that granting joint legal custody to parents is in a child’s best interests. This will make sure both parents can work together to raise their kids and make important decisions about issues like the education, religious upbringing, and medical care of their children. But sometimes, the court may grant sole legal custody to a parent. This can happen when one parent is not capable of doing parental duties like if they are seriously ill or have a disability. Also, sole custody may be granted if one parent does not want to maintain an active role in raising the kids.
In addition, sole custody may be granted if the parents cannot cooperate while they raise the kids. The court will determine evidence of domestic violence, substance abuse, or child abuse. If one parent has been arrested for any of these crimes in the past, the other parent may be granted sole custody of the children.
Physical Placement Restrictions
If a parent is granted sole legal custody of the children, the other parent can spend time with the kids. But the court will take into account different factors when handling physical custody. They will consider any problems that may endanger the children. If the court thinks it’s appropriate, they may grant physical custody to the parent who may present risks to the children, but with some restrictions. Such restrictions may include not allowing the kids to stay with the parent overnight, having a third party supervising the physical placement, requiring the parent to attend treatment, or restricting them from consuming alcohol or drugs while they are with the children. Also, the parent may be required to post a bond to make sure they will protect the safety of the kids and return them to the other parent after the completion of the physical placement period.
