Even the most amicable of divorces can get complicated when children are involved. That’s why we’re looking into some of the most commonly asked questions about child custody. The more you know about child custody before your divorce proceedings begin, the better for not only you but your entire family.
What’s The Difference Between Legal Custody and Physical Custody?
You’ll probably hear about legal custody versus physical custody during proceedings. Legal custody is the ability to make decisions on behalf of your child, like decisions regarding where they go to school and their vaccines. Physical custody determines where the child lives. While you may think that physical custody would equal legal custody, this is not always the case. Parents often have their child primarily live with one parent, while both parents share legal custody.
What Determines Custody?
Different factors go into how parents divide custody, and each custody case is individualized. For example, 54.7% of all custodial parents have one child, while more children may require more intervention from both parents. When a custody case goes to court, factors like the child’s relationship with the parents, the wishes of all involved, and the parent’s ability to provide for their child are all considered.
Do I Need A Lawyer?
Generally speaking, you should at least consider speaking with an attorney if you find yourself in the midst of a child custody case. Many lawyers do offer free consultations, and you can take advantage to see if working with an attorney ht for you.
What if My Case Involves Domestic Violence?
Domestic violence charges do affect custody cases, as courts are reluctant to award custody to parents who have serious domestic violence allegations against them.
Do Custody Laws Vary?
Custody laws do vary from state to state. It’s important that you become familiar with the laws in your specific state before you begin your divorce proceedings. This could affect your custody arrangement.
Determining custody can be difficult, but it doesn’t have to involve fighting. Approach your custody case with the best interests of your child in mind.