While married couples automatically share custody of children they have together, unmarried or divorce couples need custody agreements to determine how custody will be shared.
Sometimes parents can share custody 50-50, and sometimes one parent may be awarded sole custody with visitation rights for the other parent.
The primary purpose of a custody agreement is to provide for the best interests of the child. However, parents also have rights, and these must be considered. If you are unhappy with your current custody agreement, you can hire a family law attorney to help you petition for custody modifications.
Some common reasons for custody modifications Ontario CA include:
- Drug use
- Criminal Activity
- Mental health deterioration
- Improved behavior of non-custodial spouse
- Mutual parental preference
- Death of primary custodian
For example, if you have sole custody of your child, but now their other parent has suddenly popped back into your lives and demanded visitation rights, you could address this issue through custody modifications.
Before agreeing to any custody modifications, be sure you fully understand what you are gaining or losing. Remember that there are two types of custody: legal custody and physical custody. Legal custody refers to the right to make choices regarding the child’s health, education, and welfare. Physical custody means which parent is physically with the child most of the time. If you are confused about types of custody, custody sharing agreements, or visitation rights, be sure to ask your family law attorney for a detailed explanation. After all, the care and well-being of your children, as well as you relationship with them, is at stake.