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Law Offices of Tonya C. Boga

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CUSTODY

The Law Offices of Tonya C. Boga

"Advocacy For Fathers who want to maintain a strong healthy relationship with their children"

Parents of children are awarded some form of custody in a case in which their children are at issue. Below you will find the statutory definitions for the type(s) of custody that a Court may award:

  • "Joint custody" means joint legal custody, joint physical custody, or both joint legal custody and joint physical custody. In making an order for joint custody, the court may order joint legal custody without ordering joint physical custody.

  • "Joint legal custody" means both parents have equal rights and responsibilities for major decisions concerning the child, including the child's education, health care, and religious training; provided, however, that the court may designate one parent to have sole power to make certain decisions while both parents retain equal rights and responsibilities for other decisions.

  • "Joint physical custody" means that physical custody is shared by the parents in such a way as to assure the child of substantially equal time and contact with both parents.

  • "Sole custody" means a person, including, but not limited to, a parent, has been awarded permanent custody of a child by a court order. Unless otherwise provided by court order, the person awarded sole custody of a child shall have the rights and responsibilities for major decisions concerning the child, including the child's education, health care, and religious training, and the noncustodial parent shall have the right to visitation. A person who has not been awarded custody of a child by court order shall not be considered as the sole legal custodian while exercising visitation rights.

    Title 19, Chapter 9, Section 6 (19-9-6)

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