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Divorce & Children
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Child Custody

If there are minor children from the marriage, the court considers the division of custody. The decision is always made based on the best interests of the child. The court may appoint joint custody or sole custody.

Along with it, there are two types of custody - physical and legal. Physical custody determines the parent with whom a child spends or lives the majority of the time. Legal custody determines which parent will have decision-making authority over a child. Parents may share legal custody, but the physical custody will be sole (meaning that the child lives with one of the parents, and the other has visitation rights). If physical custody is also joint, the child may have two residencies at the same time, or time spent with each parent will be approximately the same.

When deciding custody, the court may consider the preferences of the child, the wish and capability of parents to cooperate and maintain communication of the child with the second parent, the physical and mental performance of both spouses, and any other factors that the court may consider relevant.

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