There are many types of custody, and factors that go into deciding custody. Read on to learn more about how child custody works within the divorce process.
Divorce determines the lives of many children. Over one million women were divorced in 2019. Divorce rates are on the decline, but thousands of children are still affected by martial separations.
It is okay to get divorced while you have children? You can limit the impact of your separation on them by considering child custody carefully.
What is child custody, and what types of agreements can you make with your co-parent? How can you come up with one agreement that satisfies everyone? What do you need to do if you must make changes to your agreement years later?
Answer these questions and you can keep your children happy during your divorce. Read on for a quick guide.
Physical and Legal Custody
There are two kinds of custody that parents must discuss with each other. Physical custody is the right of a parent to have their child live with them. They are responsible for daily care and they make a decision on where the child will live.
Legal custody is the right of a parent to make decisions about their child’s life and upbringing. They decide where the child goes for school, make their kids’ medical appointments, and take them to religious services.
In any agreement that two parents make, they must work out the terms for both. Some couples decide to split physical and legal custody. Others decide to leave most legal decisions to one parent.
In general, the parent who has the most physical custody has the most legal custody. Few, if any couples, decide to give physical custody to one parent and legal custody to the other.
Child custody is independent of child support. Someone who has no legal or physical custody over their child may be asked to cover some expenses for them.
The Types of Child Custody Arrangements
Many people think of joint custody when they think of child custody arrangements. It is true that most parents decide on a joint plan. But that is not the only type of arrangement parents can reach.
A sole or full custody agreement prioritizes one parent. They may receive full physical and legal custody benefits.
Sole custody is mainly reserved for families where one parent is unfit to take care of the child. This includes situations where neglect or abuse of the child may have occurred. A parent that has less money than their co-parent will not be denied custody on that basis alone.
Parents that do not have custody can receive visitation time with their child. The child may go to their residence, and the two of them can engage in different activities.
A judge can award third-person custody to someone who seeks control of a child. This is often a grandparent or another very close relative. This may be a temporary measure so the parents can work out personal problems they are going through.
In rare cases, they may agree to let each parent assume custody of one child. But this is becoming increasingly unheard of, as splitting up siblings is considered detrimental to children.
Child Rights
Child rights are becoming increasingly important in the divorce process. Judges and lawyers consider the welfare of the child before all other factors in the process.
A judge may ask a teenager for their opinion regarding custody agreements. The judge is not required to abide by the child’s opinion. But they can take into account their testimony, especially if the judge is contemplating a sole custody arrangement.
How Divorce Custody Agreements Are Made
Many parents work out agreements without stepping in front of a judge. After a couple decides to separate, they have a conversation about how they want to handle child custody. They can work with a child custody lawyer on drafting a statement to present to a judge.
Parents have broad leeway to determine how they will split custody and raise their children. Two parents can decide on a birdnesting schedule, which involves keeping the children in the family home. The parents rotate out without the need for children to shuttle back and forth.
Parents can talk about custody at any point in their divorce process. Many of them start with the issue so they can move on to discussions about finances and property.
A spouse can ask a judge for a temporary order relating to child custody. A temporary order lets one parent or guardian assume primary custody while a final agreement is being made.
If two parents cannot come to a decision about custody, they can go in front of a family court judge. A judge will ask for statements from each parent and look at pieces of evidence like financial portfolios. They will then make a binding decision on custody.
How Agreements Can Change
It is possible to change custody agreements, even years after the divorce has concluded. In the state of Nebraska, you can file a Complaint for Modification of Custody or Parenting Plan.
One parent can change their visitation orders, or they can make a request for custody they don’t have. After filing the complaint, they must provide a parenting plan that meets their desires.
The other parent can agree to the entire request, agree to certain terms, or challenge the entire document. A hearing will follow where a judge will determine whether a change is warranted to the parenting plan.
Anyone looking to make a change to their parenting agreement should get legal assistance. Even if both parents agree on the modification, hiring a collaborative divorce attorney will expedite the process. A judge does not have to grant the arrangement. A lawyer can ensure success.
Get Legal Help for Your Child Custody
Many factors go into child custody. A child’s needs come first.
Two parents must negotiate physical and legal responsibilities for their children. Many parents decide on joint custody, though one parent can receive primary custody.
You can make your decision with your co-parent without a judge. You can decide right away what you want to do. If you want to make a change years from now, you can submit documents to the court.
Find a law firm that knows where child custody fits into divorce. Husker Law serves the Omaha area. Call 402-415-2525 today!
