When a marriage ends, emotions often run high. However, the situation becomes much more challenging when a divorce involves children. One of the most difficult parts of a divorce is determining child custody and visitation arrangements, as it requires balancing the best interests of the children with the desires of both parents.
Child custody refers to the legal rights and responsibilities of parents or guardians in providing for and making decisions about their children's lives.
Some custody arrangements involve children splitting time equally between parents, while in other cases, one parent may have primary custody, and the other receives visitation rights.
If parents cannot agree on visitation and parenting time, the court may need to intervene.
The ultimate goal of any custody arrangement is to prioritize the children's best interests while fostering a healthy relationship with both parents. In disputes, a skilled attorney can thoroughly review your case, listen to your concerns and preferences, and outline the best course of action for you.
Schedule a consultation with an experienced child custody attorney today and take the first step toward a brighter future for you and your children.
Types of Child Custody Arrangements
When parents separate, one of the most important decisions they face is determining custody and parenting time arrangements for their child. Ideally, both parents will agree on a parenting schedule and how to share custody.
But differences in priorities, communication challenges, or unresolved conflicts can make it difficult for parents to create a custody arrangement that works for everyone involved. In such cases, mediation or legal intervention may be necessary to guide parents toward a mutually agreeable solution.
The court can grant legal and physical custody to both parents (joint) or exclusively to one parent (sole).
Physical Custody
Sole physical custody means the child primarily resides with one parent, the custodial parent. The other parent, the non-custodial parent, often receives visitation rights or parenting time.
Joint physical custody allows the child to live with both parents, dividing time between their households. The division of time doesn't need to be exactly equal and can be adjusted to meet the needs of both the child and the parents.
For example, the child may live with Parent A and spend every other weekend and one evening each week with Parent B. Parents might have equal time with the child in other cases, like a week-on/week-off schedule.
Legal Custody
Sole legal custody means that one parent has the exclusive right and responsibility to make important decisions for the child.
This includes decisions about:
- School or childcare
- Religious upbringing
- Education
- Travel
- Healthcare (except in emergencies)
- Mental health counseling or therapy
Joint Legal Custody
In a joint legal custody arrangement, both parents share in decision-making on behalf of the child. These decisions may include matters related to the child's education, healthcare, and overall well-being.
Most courts prefer joint legal custody arrangements, as it grants both parents an equal say in major decisions about their child's life.
Child custody or visitation orders can sometimes be modified when life circumstances change. For example, a modification request might be made if one parent plans to move or their work schedule changes. Modifying a custody arrangement is not always straightforward, but it is possible.
The parent seeking the modification must file a motion with the court and provide a valid explanation for the change. The judge will review the request and determine whether the change is necessary and in the child's best interest.
A family lawyer can guide you through this process, ensuring that your rights are protected and that any changes to the custody arrangement are fair and in the best interests of your children.
What is a Parenting Plan?
Unless one parent is granted sole custody, most jurisdictions expect both parties to establish a parenting plan.
Parenting plans outline custody arrangements and parenting time, also known as visitation. Typically, the non-custodial parent will have some form of visitation rights unless the court finds a history of abuse or deems their presence unsafe for the child.
The court will ultimately determine the times the non-custodial parent will visit with the child and the duration of those visits (parenting time). The court may also determine where the visitations will occur and whether someone should supervise them.
Such arrangements are typical when a non-custodial parent exhibits violent behavior or has a record of abusing the other parent or the child. The parents can choose a supervisor together, provided they agree, or the court can designate an individual to supervise the visitations.
Most of the time, parents can work together to create a plan for their child's care after the divorce and agree on a custody arrangement. In these cases, the parents can submit a joint parenting plan to the court for approval.
However, sometimes, parents may experience such intense disagreements over the parenting plan that communication completely breaks down. If the parents cannot agree, the court will intervene and create a parenting plan.
In making this decision, the judge will consider:
- The child's primary residence
- A schedule that outlines the non-custodial parent's visitation rights and their time with the child.
- Who will have legal custody and be responsible for making major decisions for the child's welfare?
- How will holidays, birthdays, vacations, and other special occasions be shared?
- The child's interactions with extended family, relatives, and friends outside of their immediate family.
Certain jurisdictions require parents to participate in two hours of mediation, where a neutral third party (mediator) helps facilitate conversations and negotiations over contentious issues, including custody and visitation.
In these situations, a lawyer can provide essential support, review proposed agreements, offer legal advice during the discussions, and advocate for a resolution that prioritizes the child's best interests.
Get in Touch with a Trusted Child Custody Attorney Today
Your decisions about visitation and parenting time can profoundly impact your family's future. Finding an amicable solution that prioritizes your child's well-being through mediation or court proceedings can minimize conflict and lead to a healthier family dynamic.
A trusted child custody attorney can be your greatest ally during this complex and emotional process, assisting you with everything from offering emotional support to crafting a detailed parenting plan that outlines a fair and flexible custody schedule.
Contact a custody lawyer to schedule your case review today.