Child Custody - Seven Things You Should Know

A couple discusses paperwork at a desk.

When relationships end, there can be difficulties, and those issues can be harder when children are involved. Most people have questions about child custody in these cases, and, as a member of our legal subscription plans, you'll be able to ask all your child custody questions to a qualified, experienced, family law attorney at no additional cost. But here is a general overview of things you'll want to keep in mind:

Married Couples Maintain Equal Parenting Rights

Unless otherwise ordered by a court, parental rights over children are maintained. Many parents separate before filing for divorce, and either parent can file with the court to be named the custodial parent, and the other parent would receive non-custodial visitation. It is important to put the needs of the children as the number one priority, regardless of other grievances.

The Court Is Concerned With The Child's Best Interests

The court will evaluate several factors when deciding which parent should get custody, including the wishes of the parents, which parent can provide the safest and most stable environment for the children, and, in some cases, if the children are old enough, the wishes of the children, but this varies from court to court. Today, more modern practices are often applied to custody cases. It used to be assumed that children under the age of four should be with their mothers, but more modern thinking has led to joint custody being the standard arrangement.

There Is A Difference Between Physical and Legal Custody

Physical custody is defined as which parent the child lives with and deals with the day-to-day needs of the child while the other parent has visitation rights. Legal custody refers to an arrangement of which parent makes the major decisions about a child's life; today, this is typically a joint custody arrangement. Legal custody has no bearing on physical custody.

Non-Custodial Parents Are Usually Granted Visitation Rights

Most child custody cases grant the non-custodial parent the right to visitation with the child or children, and this can take many forms, and is usually negotiated by the courts between the parents if the parents cannot make a visitation and custody plan themselves for some reason. There are rare circumstances where a court will prohibit the non-custodial parent from having visitation, and those rare occasions usually involve cases of emotional or physical abuse, or some living situation that makes it an unfit environment for the child. Some visitation rights in these cases are restricted, such as rules that visitation must take place with witnesses or at a certain, agreed-upon location or for a certain, agreed-upon amount of time.

Courts Are Giving More Consideration to Father's Rights

Father's rights have been somewhat contentious, as, in the past, it was assumed that the mothers were primary caregivers and fathers have felt dismissed when it comes to the topic of child custody. As society has changed, the courts have adopted more modern thinking, and courts are giving more consideration to maintaining a father's presence in children’s lives. If you feel that your rights as a father have been violated, talk to your attorney who may be able to give you advice on your specific child custody issue.

Parenting Plans Make Custody and Visitation Simple

Parenting plans are agreements that are negotiated by the parents that lay out custody, visitation, holiday schedules, and more. A parenting plan can be submitted to the court ahead of a custody decision. If the court approves the plan, it is incorporated into the custody order.

Remarriage and Blended Families

New family dynamics can take some figuring out and getting used to, and managing emotions is as important as the legal aspects involved. Once families transition into a new dynamic, custody agreements sometimes need to change, as well. While getting remarried doesn't necessarily mean that you'll need to change your custody arrangement, there are situations where it is needed, such as if the new family needs to move to another state or jurisdiction for work. Having an experienced child custody attorney on your side to discuss these changes might ease these transitions, so you can go into a renegotiation of custody agreements prepared.

Child custody issues are never easy, but having a lawyer well versed in child custody and family law when you are negotiating custody, visitation, or trying to get a new custody arrangement will put your mind at ease. You can ask unlimited questions pertaining to child custody, visitation, and more at no additional cost when you're a member of our legal subscription plans. Learn more about this essential benefit today, or sign up now!