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SEPARATION AND CHILD CUSTODY AND PROPERTY SETTLEMENT AGREEMENT WHEREAS, ___, hereinafter referred to as \\\"Wife\\\", and ___, hereinafter referred to as \\\"Husband\\\", are now married; and WHEREAS,
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FAQ

During a separation, both parents share custody of the child and each parent has a right to spend time with the child and visit without any legal restrictions. In some cases, one parent moves out without making plans to continue to care for the child and the other parent maintains physical supervision of the child.

Mothers vs. Fathers – Who is More Likely to Get Custody? Most states provide that custody of children ages five or under be awarded to the biological mother when the parents separate or divorce. In some states this is commonly known as the “tender years” doctrine.

During a separation, both parents share custody of the child and each parent has a right to spend time with the child and visit without any legal restrictions. In some cases, one parent moves out without making plans to continue to care for the child and the other parent maintains physical supervision of the child.

A paternity order has no effect on an unmarried mother's custody of the child. Fathers must seek an order in court to obtain a visitation or change custody. The court should not automatically issue a custody or visitation order.

As it turns out, many divorcing parents agree that the mother will have custody after a separation or divorce and that the father will exercise reasonable visitation. ... But it can also be because fathers presume that mothers will be awarded custody or because the mother is more tenacious in seeking custody.

Custody. In many states the court will order that both legal parents retain custody (sometimes called joint, or shared, legal custody). ... Physical custody (where the child lives) is typically shared, with the child spending some days or weeks with one parent and living with the other parent at other times.

Child Custody. When children are involved, you must file a custody petition. This is separate from the divorce filing itself, but since both fall under the jurisdiction of family court, you can usually handle both at the same time. ... The parent who has been the primary caregiver often gets a greater custody role.

During a separation, both parents share custody of the child and each parent has a right to spend time with the child and visit without any legal restrictions. In some cases, one parent moves out without making plans to continue to care for the child and the other parent maintains physical supervision of the child.

There is also divided custody or alternating custody, which means the parents split the time the child is physically with them and share legal custody for decision making. Occasionally, families with more than one child will give one parent custody of one child and the other parent custody of the other child.

Generally in most states, both parents continue to have joint legal custody after divorce, meaning both parents have equal rights to make child-rearing decisions. However, courts may award sole legal custody to one parent under some rare circumstances.