Divorce is an emotional and stressful experience for a couple, and having children in the marriage makes the process even more difficult. One of the first decisions that must be made in the event of separation or divorce is where the children will spend most of the time. There are no easy answers to this question, but parents who cannot reach an agreement can resolve the custody dispute in court.
There are many factors that can go into determining which home is best suited to the interests of children, so it is important to seek the help of a child custody lawyer to ensure that the process runs smoothly and smoothly fair way. It is important that each parent works with an individual attorney to defend that person’s rights. Sometimes children even need to involve their own attorney to make sure their interests are taken into account.
Difference between legal and physical custody
The issue of child custody is further complicated by the fact that different types of custody must be considered. Physical custody is usually given to the parent with whom the child will live most of the time, as this is the person who will be physically with the child the most. Legal custody involves decisions related to parenting and may include decisions related to health, education, and religion. In some cases, one parent may have primary physical custody, while both parents have the same legal custody. The child custody attorney will be able to help parents determine the best interests of the child in both areas.
Shared and separate custody
Two types of child custody agreements that are not as often recommended are joint custody, where both parents share physical custody equally, and separate custody, which involves separating siblings so that each parent can have a child permanently. In general, the courts do not like any of these methods, as most psychologists agree that either situation will be stressful for the child. On the rare occasions when joint custody is granted, it will usually involve two parents who have demonstrated that they can work well together for the sake of their children. If one of these situations appears to be the best solution, the child custody attorney can make sure this agreement is properly implemented.
In most cases, the courts prefer that the parents agree on the custody of the child themselves. This can be done with the help of the child custody attorneys assigned to each party and an intermediary if necessary. If the parents cannot reach an agreement, the courts must decide how guardianship will be awarded. Many factors will influence this decision, such as the child’s preference if she is old enough to say what is best for the child and the child’s primary caregiver. The child custody attorney working for each party will ensure that both parents and children are fair and protected throughout the entire process.