There are certain fees charged for filing for custody, so be prepared to pay a certain amount. After you have filed the necessary documents, your case will be decided by the family court. And when the forms have been received by the family court, you have to make sure you attend the scheduled hearing. If they cannot, they will have to speak with a mediator or counselor to work out a plan. The judge will decide on any disputed issue both parties are unable to resolve. Can a child still see a parent not awarded physical custody? The court will order that the other parent is given generous visitation with the child. In this type of custody, you have the final say about the health care, schooling, and other important aspects of raising your child. On the other hand, physical custody allows you to have your child live with you. You can get both legal and physical rights in either sole or joint custody. Sole custody gives both legal and physical rights to only one parent. Legal custody is not the same as physical custody which concerns issues on where the child will reside. Physical custody This is the right granted to the everyday care of the child. The parent with physical custody can dictate where the child will live. The latest custody provisions give physical custody to the custodial parent and grant visitation rights and legal custody to the non-custodial parent. The court does not consider the non-marital sexual relationship of one parent in terms of the best interests of the child. But if the parent s new partner has caused harm to the child or if the child is made uncomfortable by the displays of affection, the court will question the parenting capabilities of that person. All one needs to do is to gather enough willpower to face his or her fear and the willingness to overcome that fear no matter what it takes. Road to recovery The first thing that parents who has lost custody of their kids is to accept that it happened. Next is to accept that their feeling of anger, depression and anxiety are all valid feelings.