Child Custody in Mooresville
The decision to divorce is never an easy one, and it can be even more difficult when you have children. Once you have decided to end your marriage, you must resolve many issues and come to an agreement regarding the settlement terms of your divorce. Of the many decisions that you will need to make during this time, issues that involve the children are among the most important. The decisions you make now can have a lifelong impact on your children. Some of issues that need to be resolved include physical and legal custody and visitation.Physical and Legal Custody
There are two main types of custody that need to be considered as part of a child custody arrangement. Physical custody refers to where the child resides. Physical custody may be either sole or joint. Sole physical custody means that one parent is the primary care provider for the child. Joint custody can include various types of arrangements that are agreeable to parents. If parents cannot agree, the judge will make the final determination.
Legal custody refers to the parent’s rights to make decisions on behalf of the child. These may include decisions about the child’s education, religion and health, among other things. Legal custody is separate from physical custody. Both parents are generally considered equally suited to parent their child. There are several rare exceptions when parent is deemed unsuitable.
The courts will always make decisions that are in the best interests of the child. Parents are expected to come to an agreement regarding the physical custody of the child. If they cannot do so, even after mediation, the court may make the determination.Custody and Visitation Schedule
As part of your divorce settlement terms, parents must determine custody and visitation. Parents need to agree as to the custody arrangement of their child. It is important for parents to consider their children’s well-being when they make these important choices. In general, children of school age are typically happiest when they continue to live in their regular home, attend their usual school, and take part in their normal activities.
Some things to consider when deciding physical custody include whether the parent can provide physical and emotional support and the parent who has been the most regular caregiver to the child. In some cases, this is clear while in others it may not be as easy to decide. An experienced family law attorney can be extremely helpful in sorting out the issues regarding physical custody and assisting you in making this essential decision.
Parents will establish a custody and visitation schedule, which will be made part of the court divorce order. The more detailed the schedule, the better. This will make it easier and less stressful to handle the issues regarding your children.
In addition to a detailed schedule that indicates the days and times of visitation, the document should also include other information. It is helpful to include provisions for the schedule. These are the guidelines that both parents need to follow when implementing the schedule. When questions or concerns arise, the answers should be included in the document. This eliminates disputes that can be harmful to children.What is Temporary Custody?
Temporary child custody refers to where the children will reside during the divorce process. The divorce order will include the final custody decision; however, in some cases it is necessary to clarify the temporary custody arrangement legally. In these this situation, one parent may request a temporary custody hearing. The judge will review the details of the case and make a decision and order to provide for physical custody of the children. This temporary order is in place only until the final order is made.
Typically, a temporary custody order is not necessary. Often, one parent remains in the home during the divorce process and the children will stay in their home with this parent. If the parents disagree about temporary custody, the court will need to intervene. It is usually best to avoid these types of disputes whenever possible. The children’s well-being is the biggest concern and should govern your decision-making process.Resolving Custody Disputes
Issues regarding the children are among the most highly disputed areas of any divorce. Parents may each want to have primary physical custody. In some instances, a shared custody arrangement may be possible. Parents need to make sure that the choices they make on behalf of their children are the best for their physical and mental health. A skilled attorney can often assist in resolving custody disputes and help you come to an agreement that works for both parents and is in the best interests of the children. If you are about to go through a divorce, you likely have many questions and concerns about child custody and other issues. Contact the Mooresville family attorneys at Arnold & Smith, PLLC today to schedule a consultation.