Marriages can end for many reasons. Maybe it is because of extramarital affairs affecting one or both partners. Or perhaps it is because of communication issues or financial problems. Whatever the case, when they have reached their final straw, couples can choose to end their relationship by initiating a divorce.
If the couple involved has children, then the entire divorce process becomes more complex as they will have to make critical decisions regarding child custody arrangements. Understanding child custody can be tough, which is why it becomes essential to consult someone like attorney Allen Russell of Atlanta Divorce Law Group. In this short read, you will learn about child custody and the process involved in allocating custodial rights.
What Is Child Custody?
Child custody refers to rights bestowed upon one or both parents. These rights empower them to make decisions on behalf of the child regarding where they live, who they spend time with, their education, and even the religion they are taught.
Broadly speaking, the two types of child custody are physical and legal. Under physical custody, one or both parents are responsible for providing the child with a home. They also make decisions about who the child spends time with.
In contrast, legal custody accords one or both parents the responsibility of making the following decisions on behalf of the child:
- Where they go to school
- The religion they subscribe to
- The medical treatment they receive
With the types of child custody out of the way, let us explore the different arrangements.
Joint Custody
Under the joint custody arrangement, parents share their responsibilities towards the child. When the court awards joint physical custody, it will also give both parents joint legal and physical custody.
This means the child will split their time between both parents, such as spending one week with one parent and the next with the other. It also means the parents will decide on education, religion, and medical treatment together.
Sole custody
Under sole custody, only one parent is awarded custody of the child, while the other gets limited or no access. Most of the time, the courts may give one parent both physical and legal sole custody, especially if the other parent is abusive or poses a risk to the child.
But it’s not always the case. Sometimes, one parent may be awarded sole physical custody, but both get joint legal custody, which means that only one parent will provide a home for the child while the other gets visitation rights. Either way, these parents should work as a team when it comes to decision-making.
Determining Child Custody Arrangements
Parents have two options when deciding on a custody arrangement for their children. If they are in a position to do so, they can have a sit-down and agree on a suitable custody arrangement. This will be based on the child’s preference, each parent’s ability to provide a home, and even their schedules.
But if the parents cannot conclude independently, the courts must step in and do it for them in child custody hearings. Both parents can present their side of the story and their preferred arrangement. But the court will make the final decision based on the child’s best interests, not what either of the parents wants.
To get the child’s best interests, the court may rely on the information presented by the professional mandated to perform a custody evaluation, the child’s opinion if they are old enough to make one, the child’s primary caregiver, and the parents’ ability to provide a stable home.
Generally, it’s better if the parents decide on custody independently, as this allows them control. When a court comes in, they have a limited say on the matter and must conform with the ruling, or file an appeal.
Conclusion
If you are going through a divorce, working with a family divorce lawyer ensures you are well aware of complex laws and how they relate to the case. This will allow you to make informed decisions. Finally, your lawyer will advocate for you to get your preferred child custody arrangement plan.
