Most of the time, both parents agree that the children are
the most important people in every family. To that end,
both parents want what is best for the child(ren); however, when
family structures dissolve, parents often disagree on what that is. Whether you are resolving your custody issues as a component of a divorce proceeding or never married to your child(ren)’s mother or father, we can help you navigate through the difficult questions that arise during a custody proceeding.
There are two types of custody: physical custody and legal custody. Physical custody deals with where the child(ren) technically “live.” Physical custody can be joint, or primarily with one parent. Keep in mind that custody is different than parenting time, and does not directly impact the amount of time that each parent spends with the child(ren). Legal custody involves the right and obligation to make major decisions regarding the child(ren)’s welfare, including – primarily – decisions about education, religion, and medical care. In nearly all cases – with few exceptions – it is in the best interest of the child(ren) for the parents to share joint legal custody, while physical custody varies depending on the circumstances.
Many times, parents do agree on custody issues. In these situations, we can help you memorialize your agreement into a final Judgment or Order and make sure all outstanding issues are properly resolved. Because it is incredibly difficult to change custody, it is important to understand the impact of a custody proceeding before reaching the point of a Judgment or Order.
If you and your child(ren)’s mother or father do not agree on who will maintain custody of the child(ren), there are a couple of options. Our office can work with you to help negotiate a custody arrangement with your child(ren)’s mother or father – or their attorney. Even if you disagree on this issue, having a productive conversation about the implications of a custody arrangement can often help resolve the conflict that exists in this area. Because custody itself is different than parenting time, having a series of conversations about each of your goals as well as a conversation about the child(ren)’s best interest can often lead to an amicable resolution.
If you and your child(ren)’s mother or father do not agree
on how to resolve your custody dispute, and cannot reach
an agreement on this issue, the issue of custody will
ultimately be decided by the Court. Newton | Plont is
experienced in handling custody matters, and can help
advise and educate you so that you can make an
informed decision as to how you want to proceed with
Don’t let your questions remain unanswered, contact us
today and set up a consultation.