The results of a divorce case officially determine how much time a child will spend for each parent where that time will be spent. There are many different kinds of child custody arrangements that can be made. Parents or perhaps the courts decide on the variances, and each approaches them differently.
Parents may agree on terms relating to child custody arrangements during a divorce. Parent disputes can be settled amicably through child custody mediation rather than in a contentious courtroom battle. A court may direct mediation or it may be chosen freely.
This blog will look at the most common child custody arrangements and the factors that influence them. Whether you’re a parent going through a custody battle or just curious about the different arrangements, this blog will provide the information you need to navigate the world of child custody.
Child Custody Hearings in Court
If divorcing couples are unable to agree, the judge will need to schedule an evidentiary hearing or trial. Each parent’s point of view is presented along with supporting data. At the trial, the judge will decide and issue a final custody order. The custody judgment is on paper.
Judges typically give their approval to parental agreements unless they could endanger the child. The agreement will become a court order after it is submitted and accepted by the judge. The other parent could be held accountable for any violations of such a court order in court.
What is Included in the Child Custody Agreement?
A timetable for custody and visitation is included in the formal child custody arrangement. The document includes a residential or weekly schedule outlining the times the child spends time with each parent, as well as a list of holidays, vacations, and special events (where the regular schedule will change).
The child custody arrangement also includes parenting clauses. There are defined guidelines for raising a youngster. The rules specify how parents make decisions on their children’s dental and health care, education, and involvement in religion, as well as how to settle disputes.
Types of Child Custody Arrangements
As was previously mentioned, there are various different kinds of child custody arrangements. Sole custody, primary physical custody, joint custody and split custody are the most common options. Legal custody would be a choice as well. Another sort of legally binding child custody arrangement includes grandparent and visitation rights.
Sole custody is granted to one parent with exclusive rights over the child’s welfare. This kind of custody arrangement is uncommon and typically arises when one parent is violent or has a drug addiction. The noncustodial parent will not be given parenting duties because they are deemed unfit.
According to the law, sole custody is divided into two different categories: sole legal custody as well as sole physical custody. In the latter, the parent does have freedom to determine the child’s education, religious upbringing, medical care, or other welfare-related decisions without taking the other parent’s preferences into account.
When one parent has sole physical custody of a child, that parent is responsible for raising the child alone without consulting the other. Yet until the court decides that visitation is not in the child’s best interests, the noncustodial parent will be allowed to see the child.
When a parent is given physical custody, the child must reside with that parent. The parent who has primary physical custody is responsible for raising the child. The courts will provide noncustodial parent visiting privileges unless unfavorable circumstances dictate otherwise.
Grandparents may also be awarded visitation rights if the court finds that the child would benefit from having a relationship with them. In the case that the child’s biological parents pass away or are deemed unfit to care for the child, the grandparents may be granted custody of the child.
If the parents cooperate, show respect for one another, and agree about custody terms, the child will be more likely to adapt to the changes in family following divorce. Divorcing parents are better equipped to make custody arrangements work for both themselves as well as the children if they can control their emotions.
When joint custody is granted, both of the parents are involved in the child’s upbringing. Similar to sole custody, joint custody is further broken down by the law into joint physical custody, joint legal custody, or perhaps a mix of both. Every state has unique laws governing issues of joint custody.
The child will alternate between the homes of each parent if joint physical custody is awarded. Both parents would collaborate to select how the child would be raised in situations when both legal and physical joint custody is awarded, much like they would have done while married.
In addition, courts frequently distribute legal custody but just not actual custody. Such orders provide that the child should reside with one parent, but that both parents will actively participate in long-term choices regarding the child’s development.
Physical joint custody often takes several forms. In some situations, the child may have joint legal custody and joint physical custody, alternating between the residences of each parent, but only one parent makes important choices about the child’s welfare (such as the child’s education and schooling).
The 2-2-3 plan as well as the 2-2-5 plan are the two most popular shared child custody agreements. Both require alternating days with one of the parents. The alternating week arrangement, in which the child spends 1 week with either parent and the following week with the other, is also common.
In cases where parents possess two or more children, split custody might well be granted. For one or more of their children, each spouse has sole custody; for the other child(ren), the other parent gets custody. The least frequent sort of settlement is split custody.
We at Huggins Law Office can tell you what a typical custody arrangement might be for a lot of our clients, yet we’ll continually offer legal advice to make sure yours is the best possible one for both you and your kids.
Legal Considerations for Child Custody
Child custody is a legal term that refers to a child’s care, control, and maintenance. In divorce or separation, child custody is one of the most significant legal issues mothers and fathers need to address. Child custody decisions are emotionally charged and legally complex, as they involve multiple legal considerations. Here are some of the legal considerations for child custody:
- Best interests of the child: The child’s best interests are the primary consideration in any child custody decision. The court will consider several factors, such as the child’s age, physical and emotional health, educational needs, relationship with each parent, and the ability of each parent to provide for the child’s basic needs.
- Types of custody: There are two types of custody: legal and physical. Legal custody refers to the right to make crucial decisions regarding the child’s upbringing, such as education, healthcare, and religious upbringing. Physical custody refers to the right to have the child live with you. Both types of custody can be sole or joint, depending on the circumstances of the case.
- Parenting plans: A parenting plan is a written agreement outlining the child’s custody arrangement and visitation schedule. Parenting plans should include where the child will live, who will make decisions regarding the child’s upbringing, and how much time the child will spend with each parent.
- Child support: Child support is a legal obligation that requires a non-custodial parent to provide financial support to the custodial parent for the child’s basic needs. The court typically determines the amount of child support based on the child’s needs and the parent’s combined income.
- Mediation: Mediation is a process that involves a neutral third party helping parents to reach an agreement on child custody and visitation issues. Mediation can be a less expensive and less stressful alternative to court.
- Domestic violence: Domestic violence can significantly affect child custody cases. The court will consider any history of domestic violence when making custody decisions and may order supervised visitation or restrict contact between the abusive parent and the child.
Child custody is a complicated legal matter that incorporates several legal factors. You must consult a knowledgeable family law attorney to fully comprehend and safeguard your legal obligations, rights, and your child’s best interests.
Do I Need a Lawyer in a Custody Case?
There is nothing stopping you from defending yourself in a custody dispute, yet you’ll be at a significant disadvantage if you do so without legal counsel. You might not be capable of seeing your alternatives clearly or possess the abilities required to present your case in court without a thorough understanding of the local custody rules. Also, it could be challenging to assess the situation clearly and come up with a suitable plan of action due to the stress of both the divorce and shifting life circumstances.
A knowledgeable child custody attorney will review your case and provide you with an accurate assessment of your circumstances. They will assist you in choosing the best custody plan for your situation and in arguing your case in court. However, custody disputes frequently go on for a long period. Working with an accomplished attorney might help you reach a conclusion more quickly.
Learn More About Child Custody Arrangements
If you’re going through a divorce or separation and have children, child custody is one of the most significant legal issues you’ll face.
Understanding the most common child custody arrangements can help you make informed decisions in your child’s best interests.
Read our comprehensive guide today to learn more about child custody arrangements and how they may affect your situation. If you need a child custody attorney, don’t hesitate to call Huggins Law Office at (702) 387-4014 or schedule an appointment or consultation.