Common Questions You May Have About Child Custody

When you get a divorce, one of the most important things to consider is how you will split custody with your spouse. To ensure you get a fair custody settlement, you need to know about the custody process. Here are some questions you may have.

What Are the Different Types of Custody?

There are different types of custody. First, there is legal custody, which is the parent who will make certain decisions on behalf of the child. Physical custody refers to where the child will live. These types of custody are not mutually exclusive.

There is also sole custody, joint custody, shared parenting, as well as other options to consider. Discuss the different parenting plans you hope to have with your spouse and your attorney to ensure you get the best situation for your circumstances.

How Are Custody Decisions Made?

The court will consider several factors when determining custody arrangements. The first consideration is which parent, if not both, is best capable to support the child. The court will also consider any special needs the child has as well as which parent is best able to accommodate those needs. Age is also a consideration. For example, if the child is a young, nursing baby, the court may decide to provide the mother with primary custody until the child is older. You can also reevaluate the custody arrangements at a later date if necessary.

Do You Need an Attorney for Custody Arrangements?

Although you do not have to have an attorney for this process, you should definitely consider one. This is a delicate time and will set up how your children visit you from now until further modifications if any. Most couples utilize their divorce attorney for custody, which makes everything easier. An attorney will help make sure you receive the fairest custody arrangement possible.

What If You Both Make Up Your Own Arrangements?

If you and your former spouse are able to do so, you can make your own custody arrangements. This is a best-case scenario and makes everything easier. You will still need to have your lawyer look over the arrangement to make sure everything is clear, and you have the correct paperwork filed with the courts to make the arrangements enforceable.

If you do not take your custody arrangement to the court, you will not be able to legally enforce your agreement if your spouse violates the conditions you made between yourselves. For more information, contact a law office like Cragun Law Firm today.