When parents separate or divorce, the court decides on custody and visitation arrangements for their children. The goal of the courts is to make sure that children have frequent contact with both parents in a safe and healthy environment. The best way to achieve this goal is for the parents to work together and create a plan that they, and the child, can live with. Parents may also hire a Family Law Attorney to help them negotiate an agreement or file for a custody case in court.
A Family Law Attorney can assist in all areas of family law including child custody, legal separation, and divorce. They can also help with adoptions, guardianships, and other family-related issues that arise during difficult times. When choosing a Family Law Attorney, look for an experienced lawyer that specializes in the area of law you need assistance with. A good lawyer will be able to explain the ins and outs of your situation, while helping you make informed decisions that put your child’s needs first.
The most common arrangement for a child is joint conservatorship, which means the child will be shared between both parents. One parent will be designated as the primary custodial parent, while the other will have a significant amount of time with the child on a regular basis. In some cases, the judge will award sole physical or legal custody to a single parent. This is usually reserved for situations where a child is in danger or being neglected by the other parent.
In many cases, the judge will encourage the parents to try and work out a parenting plan or reach an agreement outside of court. When this is not possible, the judge will consider several factors to determine what is in the best interest of the child. This includes the child’s health and emotional well-being, the parents’ ability to care for the child, their home environments, their lifestyles, any domestic violence history, and whether either parent has a special bond with the child.
The court will also take into consideration the wishes of the child. Depending on the age of the child, this may or not be taken into account. For example, a very young child might not have the capacity to understand their preferences. However, the preference of a very old child might be taken into consideration if it is clearly in their best interests to do so.
In most cases, the court will try to avoid granting sole custody to any parent because it is not considered in the best interest of the child. Rather, the judge will try to find a custody arrangement that allows both parents to maintain their relationship with the child. This is usually done by establishing a visitation schedule. Visitation is usually supervised but unsupervised visitation may be permitted in some cases. During this time, the noncustodial parent must pay child support to the custodial parent. Failure to do so may result in the loss of visiting rights.
