Learn the difference between legal custody, physical custody, sole custody, and joint custody.

Physical Custody

Physical custody means that a parent has the right to have a child live with him or her. Some states will award joint physical custody to both parents when the child spends significant amounts of time with both parents. Joint physical custody works best if parents live relatively near to each other, as it lessens the stress on children and allows them to maintain a somewhat normal routine.

Where the child lives primarily with one parent and has visitation with the other, generally the parent with whom the child primarily lives will have sole physical custody, with visitation to the other parent.

Legal Custody

Legal custody of a child means having the right and the obligation to make decisions about a child’s upbringing. A parent with legal custody can make decisions about schooling, religion, and medical care, for example. In many states, courts regularly award joint legal custody, which means that the decision making is shared by both parents.

If you share joint legal custody with the other parent and you exclude him or her from the decision-making process, your ex can take you back to court and ask the judge to enforce the custody agreement. You won’t get fined or go to jail, but it will probably be embarrassing and cause more friction between the two of you — which may harm the children. What’s more, if you’re represented by an attorney, it’s sure to be expensive.

If you think you have circumstances that make it impossible to share joint legal custody (the other parent won’t communicate with you about important matters or is abusive), you can go to court and ask for sole legal custody. But, in many states, joint legal custody is preferable, so you will have to convince a family court judge that it is not in the best interests of your child.

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Learn about recent tax credits and tax deductions for homeowners.

New laws in the past few years have brought several new tax breaks for homeowners, and taken one away. These include:

• tax credits for homes that generate electricity
• a tax break for some defaulting homeowners
• tax credits for first time homebuyers
• a continuation of the mortgage insurance deduction, and
• elimination of a tax loophole for owners of vacation or rental homes.

Tax Credits Generating Electricity or Using Solar Water Heating

The Energy Policy Act of 2005 provided a permanent tax credit (beginning in 2006) for homeowners who install photovoltaic systems to generate electricity. The tax credit is worth 30% of the cost of the system, up to $2,000. The same permanent tax credit is available for a solar water heater, provided the heater is not used to heat a pool or hot tub. Those who install a fuel cell system to generate electricity get a tax credit that amounts to 30% of the cost, up to $1,000 per kilowatt of power generated. Taxpayers can claim the credits on IRSForm 5695 Residential Energy Credits, available from the IRS website at www.irs.gov.

Unfortunately, tax credits for qualifying energy efficient home improvements, HVAC (heating ventilation air conditioning) equipment, roofing, doors, windows, and major appliances, expired in 2007 after a two-year run.

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Contrary to popular belief, most homeowners do not have a right to their view.

Generally, homeowners have no right to a view (or light or air), unless it has been granted in writing by a local ordinance or subdivision rule. The exception to this general rule is that someone may not deliberately and maliciously block another’s view with a structure that has no reasonable use to the owner.

View Ordinances

A few cities that overlook the ocean or other desirable vistas have adopted view ordinances. These laws protect a property owner from having his view obstructed by growing trees. They don’t cover buildings or other structures that block views.

Generally the ordinances allow someone who has lost a view to sue the tree owner for a court order requiring him to restore the view. A neighbor who wants to sue must first approach the tree owner and request that the tree be cut back. The complaining person usually bears the cost of trimming or topping, unless the tree was planted after the law became effective or the owner refuses to cooperate.

Some view ordinances contain extensive limitations that take most of the teeth out of them. Some examples:

• Certain species of trees may be exempt, especially if they grew naturally.
• A neighbor may be allowed to complain only if the tree is within a certain distance from his or her property.
• Trees on city property may be exempt.

See How to Find Local Ordinances to locate your city’s laws and policies.

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