It’s not hard to understand that divorce becomes exponentially harder to manage and to finalize if more than just the spouses are involved. Cases that involve children can become difficult because spouses are parents too. This means they must decide upon what’s best for themselves and also what is best for their children in this process. Parents usually strive to give their children everything that they possibly can, this does not change once their marital status becomes different. One of the more common occurrences is a legal child custody battle amongst the parents. This allows them both to have a say in legal matters of the child, and also to have the same amount of time (depending on the case) with the child or children involved.
There are generally two types of child custody: legal custody and physical custody. Legal custody refers to the parent that makes the majority of life decisions for the child, like health, educational, and religious decisions. Now, physical custody refers to whomever has the child “physically” on a day-to-day basis. However, there is a third type of custody that can be had, and that is joint physical custody. This is where custody of the child is shared by both parents.
More often than not, both parents will seek sole physical custody during a separation or divorce, and the court must decide what is in the best interest of the children. When both parents are amicable and rational, sometimes parents settle for joint physical custody, which typically means the child will spend an equal time with each parent. It is said that this arrangement is beneficial to the child in that the child gets to spend equal time with each parent, thereby receiving more balanced nurturing. However, those opposed to this arrangement say that this is ultimately detrimental and disruptive to the child’s well-being, as the child never has the opportunity to settle into a single home with either parent. This is often why courts choose to decide in favor of what is in the best interest of the child.
Generally, the court will seek to keep siblings together and assign sole custody to one “custodial” parent, with visitation rights given to the other spouse. These rights may include the child spending several hours, weekends, or some vacation time with the noncustodial parent. If there is any concern over the child’s safety with the noncustodial parent, supervised visitation may be ordered.
Many of the 50 states’ child custody laws allow shared physical custody, or co-parenting, if the co-parents can arrive at a mutual agreement outside of court to continue to raise their child together with some type of joint physical custody arrangement. This arrangement must be submitted in detail to the court for review, at which point the court may approve the co-parenting plan as submitted, or modify the plan prior to approval.
The best interest of the child is always in the forefront of the minds of those making decisions in court. Coming to a mutual agreement is far better for all involved when deciding on the future of a child. Family Law courts will weigh all options before coming to an agreement, but typically when this is done, not everyone comes out happy, the child included.
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