How Custody Is Decided Upon When Going Through a Divorce
When you are about to go through a divorce, one of the foremost issues that you may need to deal with is determining custody rights between you and your spouse. Understanding the process could help ease your concerns.
How Parenting Time Is Determined During a Divorce
If you and your spouse have been thinking about obtaining a divorce, one agreement that will need to be made is who receives primary custody of your children. Right around 3.2 out of every 1,000 individuals living in America go through a divorce every year, which is a process that can be difficult to get through without assistance. This process is made all the more complicated when children are involved, but the Law Offices of Kelly Berton Rocco can assist you.
Types of Custody Recognized by State Law
There are two basic types of child custody that can apply to divorce cases, both of which can be divided into two additional subsections. The main types of custody include legal custody and physical custody. Both of these types can be either sole or joint custody. There are a variety of factors that determine whether joint custody or sole custody is provided. Physical custody refers to which parent the child lives with. In regard to sole custody, the child will live with one parent at all times. However, the other parent may be provided with certain visitation rights. Joint custody means that the child will live with each parent for specific amounts of time. The child may live with one parent on weekdays and the other on weekends.
As for legal custody, this refers to which parent has the right to make substantial decisions regarding the welfare, health, and education of the child. Sole legal custody is the most common arrangement made in regard to legal custody. While the courts may prefer the parents to have joint legal custody, the only way to achieve this is by creating a detailed parenting plan. In many cases, both parents may not be able to cooperate well enough to let go of their differences and create this parenting plan.
Visitation Rights for Parents and Extended Family Members
Visitation rights aren’t always dictated by specific state laws. The law typically states that any individual who has an interest in the welfare of the child can have some visitation rights, which is why it’s possible for grandparents and other extended family members to attempt to obtain these rights. What’s right in one situation may not always work with another.
As such, both spouses who are getting a divorce are typically asked to determine which family members can receive visitation rights and what these rights entail. The court will usually have a say in who can be given visitation rights. If you or your spouse has received sole custody of your child, visitation rights are usually determined by a parenting plan that’s made by both you and your spouse.
Factors That Play a Part in Custody Agreement
There are a wide array of factors that determine which parent receives custody of his or her child or if both parents do. When a court is making this decision, it will typically weigh a range of factors that include what is in the best interests of the child, who is the main caretaker of the child, and what the child prefers. The parents may also attempt to create a custody agreement themselves without going to court, which is an option that depends on how agreeable each spouse is.
If your divorce involves children, you might want to consider reaching out to our best divorce lawyer for an initial consultation. During this consultation, we will help you identify whether or not you require legal assistance with your case. Even if your case appears to be a straightforward one, there are a range of issues that can arise throughout the course of a divorce, which is particularly true when children are involved.
When you feel as though the time is right for you to seek a divorce or separation, contact our best divorce lawyer in Hackensack at (201) 343-0078. We will answer any questions you have to the best of our ability.