Child Custody and Divorce – A Brief Guide
Child custody is one of the most contentious issues in divorce. The proceedings are complex, and many people don’t usually know where to start. Here is a brief guide to child custody and divorce proceedings.
Types of Child Custody Arrangements
Child custody is categorized into two definitions:
Physical custody determines who lives with the child after the divorce is finalized. Both parents can get physical custody, allowing each parent to live with the child or at the very least spend some time together.
Legal custody determines who can make decisions on the child’s behalf. Both parents can also share legal custody, in which case they have to consult with each other when making important decisions such as schooling and medical care.
A Brief Overview of Child Custody and Divorce
Child custody proceedings can be either simple or complex, depending on your approach. There are three ways to go about it:
Mediation involves a neutral third party to help negotiate custody (usually a lawyer). The mediator moderates the arguments until both parents reach an acceptable compromise. The negotiator then writes a formal agreement to be formalized in court.
Informal negotiations mostly involve both parents reaching a compromise civilly with minimal help from other parties. However, informal negotiations can also include a third party.
Determining child custody in court places the responsibility on a judge, but each parent may hire an attorney to make their case. Family courts base their decisions on the child’s best interests and consider important factors such as:
- Each parent’s willingness to support the child.
- Each parent’s living situation.
- Each parents’ sexual orientation.
- Each parent’s stability and history of abuse/neglect.
- The child’s age and preference.
Final Thoughts on Child Custody and Divorce
Your relationship with your child is invaluable, and you deserve access to your child in the form of legal or physical custody. You will need a good lawyer to present a fool-proof case. Slaughter Law Firm offers the best legal representation for child custody and divorce cases. Get in touch today to learn more.