Are you going through a divorce process and wondering what will happen to your children? If you have children younger than 18, child custody is an issue to consider with your lawyer. Child custody is a contentious issue because both parents want to claim custody of the children gotten from the marriage. While both parents are legal caregivers, the court has the final say.
Child custody is an issue that requires the advice of a seasoned divorce lawyer. The lawyer helps a client to understand the legal process, types of child custody available potential child support obligations and other critical factors.
Types of child support arrangements
Child custody is widely used to refer to the parent that stays with the child after the divorce. This is known as physical custody. It can also refer to the parent with the legal right to make all decisions about the child’s upbringing. This is known as legal custody. In both arrangements, both parents can share responsibility. Similarly, the court can assign one parent to solely perform all parental duties.
. Physical custody
Physical custody refers to the right of a parent to live with a child after the separation. Both parents may be allowed to share in the arrangement. On the other hand, if the court deems one parent is unfit to get physical custody, one parent can receive sole responsibility.
. Joint physical custody
It is a child’s right to access both parents after a divorce. Joint physical custody is an arrangement where the court allows both parents to spend time with the child and participate in bringing him up. It may not necessarily be a 50-50 split. The court allows the parents to make their arrangements. However, if they disagree, the court can impose a schedule.
Common questions regarding point physical custody
Common arrangements in joint physical custody may include alternating weekends and holidays at each parent’s house. This arrangement has better results because the child gets love and attention from each of the parents. Here are questions to help you make the most appropriate decision about child custody:
- How will your child split time for both of you?
- What is the distance between your homes?
- What will happen if you plan to relocate in the future?
- Are you comfortable being in touch with your ex-spouse regularly?
- How involved do you intend to be in your child’s growth?
One-parent physical custody
In this arrangement, the court allows one parent to stay with the child while the other gets visitation rights. One-parent physical custody allows the child to have permanent residence. It is less stressful because the child doesn’t have to move from one parent’s home to another. Therefore, the child can nurture lasting attachments with friends, neighborhood and school.
Questions to ask before settling for one-parent physical custody
The parent denied physical custody has to agree to become a visiting caregiver. However, the parent may gradually detach from the child because they spend little time when playing and miss meaningful daily bonding moments.
- Which of the parents will permanently stay with the child?
- How will your child cope with one-parent physical custody?
- Are both parents okay with allowing one of them to have the upper hand in the child’s upbringing?
Parting shot
A divorce lawyer helps you make the best decision for your child. The attorney helps you to consider the emotional effects of choosing between joint and physical custody. The court ensures that the child gets the best from the divorce process. Your lawyer can help you understand the implications of your decisions in your child’s growth, development, and future.