Fighting to Keep You and Your Children Together
Going through a divorce can be one of the most difficult times of your life. This was the person you intended to spend the rest of your life with, and now you are dealing with the fallout of an ending marriage. What makes this process even more difficult is the thought of having less time with your kids than you are used to.
If you are going through a divorce, you already have a million things on your mind, and your kids are likely at the forefront. Perhaps you and your ex-spouse may have already come up with a custody arrangement that you are comfortable with. However, if your ex-husband or ex-wife isn’t cooperating, a custody dispute can quickly explode, putting you at odds with your ex and stressing your children out.
Don’t fight for your children alone. Find out how our law firm can help keep you and your kids together.
What Kinds of Child Custody Agreements Are There?
It is important to understand the different kinds of custody agreements there are when preparing a custody agreement with your ex. It is even more important to understand the different kinds of agreements if you find yourself in family court. Here are a few different types of custody you should be aware of:
Joint Custody – There are two types of joint custody: joint legal custody and joint physical custody. Joint legal custody is when you and your former spouse work together and share the care and control of the child’s upbringing, even if the child only has one physical address. Parents work together to make important decisions for the benefit of the child.
Shared physical custody is when the child has two addresses, spending at least 35% of the time with each parent. This form of shared custody can help parents support their children while getting to enjoy more one-on-one time with them.
Legal custody – Legal custody involves the right to make long-term plans and important decisions regarding education, religious influence, discipline, non-emergency medical care, and other matters of major importance regarding the child’s welfare. When working with the family court, you may get a combination of physical and legal custody agreements.
Sole custody – Sole custody is when a family court names one parent the custodial parent. Sole custody can be either sole legal custody, sole physical custody, or both. This means one parent is responsible for caring for the child and making important decisions for the child. The child’s residence should be that of the sole custodial parent.
What is a Parenting Plan?
Parents may choose to work with each other or with the help of a mediator to come up with their own parenting plan. While the court does not have to use the former spouses’ parenting plan when determining the child custody agreement, the parenting plan will likely be considered and incorporated into the final court order.
Do Your Kids Get a Say?
While the wishes of very young children are rarely taken into consideration when settling a custody case. However, children who are 16 years or older may petition the court themselves for a change in custody. It is important to remember that the court does not have to consider the child’s wishes in a custody case, regardless of age.
What is Supervised Visitation?
You may have heard of supervised visitation and wondering what it is. If a parent has poor parenting skills, they may work with supervised visitation to learn these valuable skills. However, it is more common to request supervised visitation when a person has a history of substance abuse, a mental disorder that may impair their ability to parent, or a history of physical or sexual abuse.
When Is Child Custody and Visitation Decided?
It is important to keep in mind that custody orders can be made at any time during the custody hearing process. The court may temporarily award custody during an emergency hearing, a Scheduling Conference, or any court appearance during the custody process. You will be informed of the court’s decision regarding custody during your final trial or hearing.
It is important to stay calm during your court appearances. This is an emotionally charged process, and you may receive an order that you don’t fully agree with.
Even if you get bad news, it is important to remember that custody orders are modifiable. If you and your ex-spouse can reach an agreement regarding your children, the court will likely incorporate it into any final order.
When Should You Speak With a Child Custody Lawyer?
If you are going through a divorce, this is likely the first time you have had to worry about child custody. Working with a child custody attorney, you can learn about the process and how the court system works, and even meet with you and your child during your child visitation schedule to find out what will work best for you and your kids.
If you are going through divorce and you fear for your relationship with your children, please call 240-616-6968 to schedule a consultation with the compassionate legal team of KGH Family Law. Even if you and your ex have come to a mutual agreement regarding custody, you don’t know if they are already working with an attorney.
Our team can help you understand the process, properly fill out the necessary documents, and examine your mutual agreement if you and your ex have already formed one.
Call 240-616-6968 to speak with our experienced team, today. Don’t leave the future of your family up to chance!