Family Law Blog

What You Need to Know About Child Custody

Thursday, February 23, 2017

If you're getting divorced, you are wondering what it takes to attain the custody of your children. Fortunately, it is possible to come to an amicable agreement with your ex-spouse concerning whom the children will live with, as well as visitation rights.

Negotiation

Negotiations can involve a professional mediator, or consist of just you and your former partner. This is preferable in many ways to pursuing the court option because time and money are saved, not to mention the psychological health of any children involved. Keep in mind that negotiations don't need to take place in an "official setting." For instance, you can arrange to meet at a local restaurant where you will both be put at ease and will be able to focus on the important and relevant issues.

The Courts

If for some reason negotiations fall through, you could try your luck in court. The judge will look at various factors to determine what is best for the child. What is in the child's best interest includes their psychological and physical health, as well as what seems best for him or her long-term. Usually a court appointed psychiatrist will assess any children involved, and this will heavily influence the court's decision as to which parent will be awarded custody.  

Physical vs. Legal Custody

The two main types of custody that you should be aware of are physical and legal custody. Physical custody refers to where your child will reside day-to-day. Legal custody concerns the ability to make decisions affecting the child's education, health-related concerns, and other important aspects of life. Despite which parent is awarded physical custody, legal custody is typically shared between both parents. 

Please, contact us immediately.