In this section, we’ll address both Physical and Legal custody concerns and the various issues relating to them.

Physical Custody relates to which parent has parental responsibility and supervision of the child.

Legal Custody relates to the parental responsibility to make decisions regarding the health, education and welfare of the child.

Sole Custody
In sole custody, one parent has the primary responsibility for the child’s physical and legal care.

Joint Custody
When there is joint custody, both parents share in the rights and responsibilities of the child’s physical and legal care.

Can I get custody of my children?
The law prefers for children to have frequent and continuous contact with both parents and it encourages parents to share the rights and responsibilities of child rearing. In making custody and visitation orders, the courts will consider which parent is more likely to allow frequent and continuing contact with the non-custodial parent and will also look at the child’s best interests. Issues such as domestic violence, neglect and substance abuse are also considered.

Will my child be required to testify?
Courts discourage the involvement of children in custody and divorce cases. The likelihood of your child testifying is low, however, if the child is of sufficient maturity, the court may consider and give weight to the child’s preference. An attorney can be appointed to represent your child’s interests, if the court deems it necessary.

The offices of Booker T. Burney Jr. can assist you with custody and divorce issues and concerns. Contact us today.
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