In divorce proceedings, the most sensitive parts usually revolve around child custody. If the parents cannot come to an agreement mediated by their lawyers, they will have to settle it in court. If you are about to go through a battle for child custody, it is important to know what to expect.
Child custody cases are usually decided on the basis of meeting the best interests of the child. Although laws differ from one state to another, there are some basic principles the courts follow in order to make a fair ruling. A divorce lawyer can help you understand what options you have, and help you prepare for the case.
Depending on a number of factors, there are four main outcomes to expect: sole legal custody, sole physical custody, joint legal custody, and joint physical custody.
Sole legal custody grants one parent the responsibility to make the decisions on the child's upbringing. This will include their medical care plan, education, religious affiliation, and any other important aspects of life. In the case of joint legal custody, both parents have equal say on this matter; it is important that they are on the same page on these key decisions, otherwise conflicts will arise and the child will be caught up in the middle.
Sole physical custody means that only one parent is allowed to live with the child, while joint physical custody allows both parents equal amounts of time to be with the child. A joint arrangement can prove to be a huge challenge if the parents live far from each other. In such cases, the courts usually awards sole physical custody to one parent and orders the parents to share legal custody. The noncustodial parent in such cases gets extensive visitation rights to allow them greater involvement in the child's life.
If the courts establish that being with one parent endangers the child, the other parent may be granted sole legal and physical custody. The noncustodial party is however entitled to a supervised visitation arrangement with the child.
In many instances, the parents usually seek to sort out their divorce and family issues outside the courts. Through their Pintar Albiston divorce attorneys, they may come to an agreement detailing all the custodial rights of each parent. This agreement will then be forwarded to a judge, who will need to determine if it fulfills the best interests of the child. If it does, the agreement is approved and signed as a court order.
If you need a reliable child custody or divorce attorney call Pintar Albistor LLP on 702-685-5255 they have a lot of experience in this area of family law and have been successful in negotiating out of court settlements.