Your Guide to Child Custody Arrangements
When a couple decides to end their marriage, the divorce process can be complicated, especially when there are children involved. In such cases, the parents will have to make critical decisions regarding their children, and if they cannot do so, the court will intervene and decide for them.
This is where child custody comes into play. Child custody refers to the parent having the authority to make decisions regarding the child and whom they spend time with.
If you are going through a divorce and are facing challenges in child custody arrangements, contacting experts, such as Atlanta Divorce Law Group, can help you handle this situation better. With years of experience, they will support you and assist you in making a decision in your favor.
In this comprehensive blog, you will get an inside scoop into child custody arrangements during a divorce.
How Child Custody Works
There are two primary ways in which child custody is determined when a couple chooses to sever their marriage:
- Agreement —This is the preferred method for determining child custody. When the two parents are willing to work together, they can plan the custody arrangement and visitation rights based on their schedules, finances, and the child’s needs.
- By court order — If the parents are unwilling to agree, or when their behavior puts the child at risk, the court intervenes and decides on their behalf. The parents will present their arguments in a child custody hearing before the court makes its ruling.
It is worth noting that whichever method is used to determine child custody, the court has the final say regarding the child custody arrangement and visitation rights. It will make these decisions based on the ‘child’s best interests’ standard.
Understanding the Child’s Best Interest Standard
The child’s best interest standard is the policy that the court will use to make its ruling concerning child custody arrangements and visitation rights. It means that the court will do what’s best for the child and not what either of the parents wants.
Some of the factors it will take into account include:
- Recommendations from the professional chosen to perform the child custody evaluation.
- What the child wants (if they are old enough to make an informed opinion)
- The parent who has been the primary caregiver
- Which parent can provide a stable home for the child
- Whether the child has special needs
Different Child Custody Arrangements
Physical and Legal Child Custody
Physical custody accords one or both parents with the power to decide where the child lives and whom they spend time with. This parent will also provide a home for the child.
On the other hand, legal custody empowers one or both parents with the authority to make important decisions about education, religion, and medical treatment on behalf of the child.
Joint custody
Under joint custody, both parents share responsibilities for the child. The child may split time between both households. In most cases, courts award both physical and legal joint custody, meaning both parents get to share time with the child and make decisions together.
Sole custody
Under sole custody, one parent is given physical custody of the child while the other has limited or no access. Sole custody is awarded in cases where one parent poses a risk to the child, and in some extreme cases, their parental rights can be revoked.
Primary Custody With Visitation Rights
In some cases, one parent may be awarded physical custody while the other is allowed visitation rights based on a specific schedule. Most of the time, the parent awarded physical custody is also awarded legal custody. However, in other situations, one parent may be awarded sole physical custody but still have to share legal custody.
Conclusion
Determining child custody can be highly complicated. It is essential to consult a qualified divorce lawyer. They will help you understand your rights and navigate the journey to getting your preferred child custody arrangement.