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Understanding Child Custody

Written by: Avvo Staff

Posted over 3 years ago. 7 helpful votes, 0 comments

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There are many variations of child custody including sole custody, joint custody, and shared custody. The type of custody arrangement you make will depend largely on your relationship with the child's other parent. Often the final arrangement will be based on a compromise between the two parents.

Custodial vs. non-custodial parents

The custodial parent is the parent whom the child lives with. The non-custodial parent does not have custody but is allowed to spend time with the child and/or take part in decisions that affect the child's life. Usually a parenting plan is formalized that spells out each parent's role and visitation rights.

If both parents can agree on a custody and visitation plan without help from the court, that plan will be put into effect. While the court may not be involved in creating this type of parenting plan, it is important to file any agreement made between parents with the court to make it official and enforceable.

When parents disagree on child custody

If parents are unable to agree on who will have custody of their children, the court may order the parents into mediation. An impartial mediator (usually an attorney or social worker) will work with the parents to come to some form of agreement. When an agreement is reached, it will be filed with the court for enforcement.

If mediation fails, the parents may go to court for a custody hearing. During the course of the hearing, evidence will be presented and expert witnesses (such as social workers or psychologists) will be called to testify on behalf of the parents and/or children. Ultimately, the court will make the decision that the parents were unable to make themselves, and the court's decision will become legally binding.

Deciding child custody

The primary focus of any discussion about custody should always be what is in the best interest of the child. A custody discussion can be difficult and emotional, but it is important to keep the well being of the children in mind at all times.

Find common ground. Can you and your spouse agree on a custody arrangement without involving the courts?
Accept mediation. If a custody arrangement is too difficult to reach without help, use a court-appointed mediator to help you decide what's best for your child.
Honor the agreement. Once you have finalized a custody arrangement with the child's other parent, it is essential that you follow the rules of the agreement, without exception.
Should all else fail and you find yourself in court for a custody hearing, it is important to present yourself in the best light possible. Hire an attorney who is experienced in custody law, remain calm, and never forget that it is the best interests of the children that you are trying to protect.