The cornerstone of every child custody arrangement is the best interest of the children. No matter what challenges you and your spouse may be facing, your children have the right to enjoy time with each of you, provided that they remain safe and cared for.

Custody is divided into two categories: legal custody and physical custody.

Legal custody refers to a parent’s right to participate in all major decisions regarding the care and safekeeping of their child, such as education, medical treatment, and religious choices. It is common for joint legal custody to be awarded so that both parents can share in these decisions, though in certain circumstances, legal custody may be awarded to one parent.

Physical custody refers to with whom the children will reside. Visitation can be a mutually agreed upon schedule for the children to spend time with each parent. In addition to a regular weekly parenting schedule, visitation plans include holidays, vacation time, and special occasions, which are to be negotiated between parents in the interest of retaining balance and fairness in the children’s lives.

Each custody arrangement is unique to its situation. There are several factors to be considered when deciding custody, including the nature of the parents’ relationship, the child’s relationship with each parent, previous domestic violence, the time that each parent can commit to caring for the children, the amount of time a parent spends at work and the age of the children. While decisions are initially rendered during the divorce process, custody issues can be revisited after separation in order to accommodate changes in circumstance for the parents or the children involved. In extreme cases, there may be legitimate reasons why a parent should not be involved in the lives of their children. Should you feel this way, or conversely, should your spouse feel this way about you, we can help negotiate a resolution.

Custody is an extremely sensitive issue, one best approached with the aid of an experienced attorney who can negotiate a well-rounded and safe plan, rather than leaving it to a judge to render a decision. And for those who are having trouble agreeing on a parenting time plan, we welcome the opportunity to enable creative alternatives.