Child Custody

Emotions associated with a divorce can overwhelm and debilitate. While normal and expected, these emotions can make Child Custody one of the most contentious and litigated subjects of dissolution. Intense anger, feelings of rejection, and despair make it difficult to focus on, and understand, what arrangement is best for the child(ren).

The majority of children want regular contact with both parents. A parenting plans that evenly balances time between both homes is desirable for the children and the courts. While this arrangement is best, it is hard to move from total accessibility to schedules, restrictions, and accept you may no longer be with your children for every holiday. 

If child custody is involved, it is best to have legal counsel who is understanding enough to provide support and informed enough to pull you along. I offer a free 30-minutes consultation.* Please Call or email, and we can discuss your options and illuminate the path ahead.

Health, Safety, and Welfare

The best interest of the child is the court’s guideline when deciding on custody. The health, safety, and welfare of a children are the courts primary considerations in determining the best interest of a children. In the 1970s, when spouses petitioned the court for a divorce a court usually assumed the child was better off with the mother. Although vestiges of this “tender years doctrine” remain, courts now prefer both parents to share the rights and responsibilities of child rearing. A court will only diverge from share responsibility when that is not in the best interest of the child.

Custody and Visitation Order

Often, parents can make their own agreements for custody and visitation. If you and the other parent agree on custody, the judge will probably approve your agreement. If you cannot agree, the court will require you to attend mediation to establish a custody and visitation is scheduled that is in the best interest of the child.

If parents cannot come to an agreement, the court will decide what custody and visitation order is appropriate. There are two kinds of custody: physical and legal. Physical Custody means that a parent spends significant periods with the child. Legal Custody means a parent has the right and the responsibility to make decisions relating to the health, education, and welfare of a child.

Joint Custody means the parents have joint physical custody and joint legal custody.

Joint Physical Custody means both parents share time with a child. A good custody schedule assures frequent and continuing contact with both parents. This is in the best interest of a child.

Joint legal custody means that both parents shall share the right and the responsibility to make the decisions relating to the health, education, and welfare of a child.

If the court does not believe joint custody in in the best interest of a child, the court may order one parent to have sole physical custody. This means that a child will reside with, and be under the supervision, of one parent. The court may order visitations with the other parent.

Although rare, a court may also order sole legal custody, granting to only one parent the right and responsibility to make decisions relating to the health, education, and welfare of a child.

Custody disputes can be lengthy and costly. My office has options that may reduce the expense and anxiety associated with a custody disputes. I offer a free 30-minutes consultation.* Call or email, and we can discuss your options and illuminate the path ahead.