Child Custody
Child custody can take several different forms. The most common forms of custody are Joint Legal Custody, Joint Physical Custody, and Sole Custody. The primary focus for all child custody related decisions is the “best interest” of the child/children. Not only does the court consider the best interest of the children, but parents should also view this as paramount in any negotiation and/or court proceeding involving their children. Each of the forms of child custody will be discussed below.
» Joint Legal Custody
Joint legal custody is where all major decisions are made with feedback from both parents. Decisions are jointly made with each parent consulting and considering the other parent’s position on the issue. The duration of the parenting time (physical custody with the child/children) is not necessarily equal in a joint legal custody arrangement.
Usually, one parent is designated the “Primary Residential Parent” of the children. This parent is the one that has more parenting time with children. Neither parent is deemed to have more rights with regard to the decision making process involving the children, unless it is specified in the required Joint Custody Parenting Plan. This form of custody requires a high degree of cooperation between the parents.
» Joint Physical Custody
Joint physical custody is where both parents have equal or approximately equal parenting time with the children. All major decisions affecting the children are usually made by both parents acting together for the children’s best interests. These major decisions are usually in the areas of education, medical/dental care, religion and other similar areas. This form of custody requires a high degree of cooperation between the parents.
» Sole Custody
Sole custody is where one parent makes all of the important decisions involving the child/children. Usually the sole custodial parent has a majority of parenting time with the child/children.
We will assist you in deciding which of the above options is best for you and your children.
Careful crafting of a custody agreement and/or a parenting plan is a very important stage in the divorce process. Parents are bound by the agreements that they make regarding the custody of the children until changed by the court. There are numerous options and considerations that should be considered before entering into any custodial agreement. This office can assist you in crafting an agreement that best suits your needs and the best interests of the children.