Protecting Your Most Important Asset – Your Kids
Child custody and visitation are emotionally-charged issues that can easily become the greatest sources of conflict in a divorce or separation. But, even with all the emotions spurred by the question of how and where children will be raised, many separating parents are able to come to a fair and mutual agreement about custody and visitation.
With the assistance of Village Law Group, parties can resolve issues with a legal parenting agreement. This agreement is usually part of a larger separation agreement that covers other issues as well—such as child support and the division of marital property. A separation agreement can be much more detailed than a court order, and more tailored to—as well as sensitive to—the particular needs of the family.
Determining Custody
When parents are able to reach agreement about co-parenting, joint custody becomes an option—one that gives both parents a major role in the life of the child. With joint physical and legal custody, the child usually resides with each parent for a significant amount of time during the year. With this type of custody, both parents are informed about—and make decisions about—the education, health, and welfare of the child.
Types of Custody
Besides joint physical and legal custody, there are other options:
- Sole physical and legal custody. The parent with whom the child lives makes all decisions, including those related to health, education, and residency. The other parent may still have visitation rights, but does not have significant input regarding major decisions related to the child.
- Primary physical and joint legal custody. The child resides with one parent the majority of the time, and the other parent may have visitation rights. Both parents are informed and make decisions about the education, health, and welfare of the child.
- Joint physical and joint legal custody. The child resides with both parents for significant periods. Both parents are informed and make decisions about the education, health, and welfare of the child.
When possible, it is best to at least attempt to reach agreement on child custody without going to court. Another option for resolving custody issues is mediation.
It is not always possible or even advisable to avoid taking custody decisions to court where a judge decides your case. In families where substance abuse, alcoholism, spousal or child abuse is occurring, it may be best for the court to intervene. Such behaviors raise serious safety issues and should be disclosed to your attorney immediately.
Contact us at 919-525-2854 today to discover how our experienced child custody attorneys can help.