One of the most important things you’ll have to decide when parents separate or divorce is who will care for their children. This is called child custody. Here are seven fundamental facts all parents should know about child custody.
- What is Child Custody?
Child custody determines who will care for a child and make critical decisions. Custody falls into two broad categories (legal and physical custody) and is further divided based on the arrangement between the parents.
- In the Best Interests of the Child
So, at all times, whenever courts decide custody, they always consider what is good for the child. That means they think about lots of factors, including who has cared for the child before, how the parents relate to each other and whether there is anything unsafe about the home, like violence or drug abuse. And the point is to make sure the child feels safe and loved.
- Types of Custody Arrangements
Parents can share custody in various ways:
- Joint custody – Both parents share the time for the child and joint decision-making. It aids the child’s relationship with both parents.
- Sole Custody—One parent has full responsibility for the child. The other parent might be allowed limited visitation.
- Split Custody — In cases with siblings, one parent would have one child while the other parent would have the other child (similar to a visitation schedule but more permanent). Courts generally avoid separating siblings absent a compelling reason.
- How Courts Decide Custody
If parents do not reach a custody agreement, a judge will decide. The judge will consider several factors, including:
- The principal caretaker. Who has been?
- The wishes of the child, if they are old enough to communicate.
- The health and well-being of each parent.
- How well can each parent facilitate a relationship with the other parent?
- Your Parenting Plan
A parenting plan outlines how parents will share responsibility for the child. It also specifies when each parent will be with the child and how decisions will be made. It avoids confusion and arguments further down the line.
- Obtaining Assistance from a Family Lawyer
At times, parents may struggle to agree on custody issues. Experts in family law, like Family Lawyers Scarborough, help parents know about their rights and legal obligations. They can also assist in creating a parenting plan that suits all parties involved. A consequence of having legal advice during divorce is that it can make things simpler and ensure the child’s best interests.
- Alterations in Custody Arrangements
Changes in circumstances may warrant a change in custody arrangements over time. If one parent relocates or there is a job loss or health issues, it may best to renegotiate the custody agreement. If it’s in the child’s best psychological interest, the court can change that arrangement upon a parent’s application.
Conclusion
For parents, child custody can be a complex and emotional issue. But it helps if you know the basics about custody. Remember, the focus is on your child and what is best for them. With insight into the different types of custody, the function of the courts, and the necessity of a parenting plan, parents can collaborate to provide a loving and supportive environment for their children.
