How a custody lawyer can help
Custody arrangements can have long-lasting effects. Even if you’re on good terms with the other parent, it’s wise to have a lawyer look over your plan to ensure there aren’t any problems. You should always have a lawyer if your case is contested.
What are child custody decisions based on?
Child custody decisions are based on the best interests of the child. This simply means that courts should prioritize the needs of the child above those of either parent. Courts will still consider each parent’s situation, but the main basis of their decision will be what best serves the child’s interests.
Each state has a slightly different definition of what these interests actually are, and some give courts more specific guidance than others. Some of the factors courts may look at when considering the best interests of the child include:
- Each parent’s relationship with the child
- The ability of each parent to provide for the child
- The physical and mental needs of the child
- The mental health of each parent
- The child’s own wishes
What is joint custody?
Joint custody, also known as shared custody, is when some or all custodial responsibilities are held by both parents. In the case of physical custody, this means that the child will split their time living with each parent. And in the case of legal custody, this means that the parents will need to come to a mutual decision on any important issues (though 1 parent may be granted tie-breaker authority).
Joint legal custody is much more common than joint physical custody. This is primarily because courts tend to favor stable living arrangements as most beneficial to the child, but believe a mutual decision-making process is ideal.
What are visitation rights?
Visitation rights refer to a parent’s right to spend time with their child. Parents who do not receive primary custody often receive visitation time instead. Courts tend to give preference to agreements that parents worked out among themselves. As long as the proposed agreement serves the best interests of the child, the court will usually approve it.
If the court has to create the visitation agreement, your visitation schedule will depend on what the court believes is a fair arrangement.The court’s decision will be based on both the best interests of the child, as well as the living situations of you and your spouse. For example, an office worker and a firefighter in otherwise similar situations will likely have very different visitation schedules due to the difference in their work duties.
