When divorcing a couple, one of the most contentious issues is child custody. A judge will decide what arrangements are in the best interests of the children involved. This includes deciding whether to award joint or sole legal and physical custody, as well as visitation rights for the non-custodial parent. While there are many factors that go into a judge’s decision, the most important factor is the overall well-being of the child. This means taking into consideration the child’s relationship with both parents, siblings, grandparents, and other relatives. In addition, a judge will consider each parent’s lifestyle, stability, and ability to care for the child. Finally, the court will look at any history of domestic violence or substance abuse by either parent.
Custody laws differ from state to state, but most courts prefer involving both parents in the child’s upbringing as much as possible. Therefore, a judge will usually award joint legal and physical custody to the parents. Joint legal custody allows both parents to share the responsibility for making decisions regarding their child’s health, welfare, and education. However, in the case of joint legal custody, one parent will usually be designated as the primary custodial parent and have the right to live with the child a majority of the time.
Joint physical custody is a little more complex. The parents will work out a schedule that allows them to spend about equal time with the children. This is usually called a “parenting plan.” This schedule will take into account both parents’ work and school schedules, as well as the child’s needs and preferences.
In cases where the parents cannot agree on a custody arrangement, the court will often require them to participate in mediation with a neutral third party. This is a chance for both parties to express their desires for the child’s future and come up with an agreement that works for everyone involved.
While parents might be tempted to fight it out in court, the reality is that reaching an agreement on your own will save you time, money, and stress in the long run. Plus, nobody knows your family better than you do.
If you are separating and need help determining how to proceed with custody, visitation, or support issues, contact an experienced Miami divorce & family attorney in your area today.