Child custody issues can prove to be complex and difficult to navigate. If you and your spouse are considering obtaining a divorce or are already divorced and are experiencing conflict regarding child custody, please continue reading to get helpful information and advice.
Most couples realize the difficulties that can arise when they choose to file for a divorce. They also understand the negative impact it can have on the children. In order to ensure that the entire process goes as smoothly and quickly as possible, it is important to have all the information necessary to resolve your specific case. One of the most important decisions that you will have to make is in regards to child custody. Although every state slightly operates under slightly different laws and regulations, New York is a good example of what the timeline of your situation may look like.
There are two different types of child custody: legal and physical. Legal custody refers to the right and responsibility to make decisions regarding the child’s upbringing. From education to healthcare to religion, the parent with legal custody will have the right to be involved in these issues, even if they do not have physical custody. Physical custody simply refers to the parent that the child lives with for the majority of the time. Both of these types of custody can either operate under sole custody or physical custody. Sole custody means that only one parent has either legal custody or physical custody or both. Joint custody means that the parents share the responsibility of making decisions or the child splits their time equally living with each parent.
As there are several different options regarding a custody plan, it is understandable that it can be difficult to come to an agreement. Sometimes, the case has to go before the court. There are several different factors which they will take into account when determining who will receive child custody. The first aspect is which parent had previously been the main caregiver for the child. The court will also examine the strengths and weaknesses of each child in regards to parenting. If there was any domestic violence in the past, this will also affect who the court decides to grant custody to. Depending on what age the child is, they will also take into account the child’s wishes if they have a preference of who they would rather live with.
Going before a judge may be necessary in some cases, however, it does have certain pitfalls. For example, a courtroom custody battle is more emotionally traumatizing on the children. It could also prove to be more expensive and drawn-out. Not only that, but it puts the decision in the hands of a judge rather than staying in your control. Through mediation, you can keep control over the specifics of your case as well as avoid these other negative consequences. With the help of an impartial attorney acting as a mediator, you could come to an agreement that suits everyone.
Family Law Attorney