It’s an unfortunate fact of life—husbands and wives get divorced. And when children are involved in the divorce proceeding, the entire process becomes more involved and emotional. Many residents choose the child custody lawyers of Clagett & Barnett for their expertise in navigating the ins and outs of divorce and the terms of child custody. They have been handling difficult child custody cases in the area for years and will dedicate all of their resources to making sure the children involved are well taken care of.
Clagett & Barnett value client education, which is why we want to explain a bit more about the child custody process. And while there are many facets to consider in the child custody process—all of which are vital—in this blog, we will specifically discuss the different forms of child custody that are available as a whole.
What Are the Different Forms of Child Custody?
There is no one-size-fits-all child custody solution for every divorce that occurs. In fact, the process can be very complicated, which is why you need the help of child custody lawyers like those at Clagett & Barnett to help you find the best arrangement for your children.
There are only two forms of child custody arrangements, which should not be confused with time-sharing. These custody agreements include:
Joint custody occurs when both parents agree to make all decisions regarding the child or children together, or jointly. These decisions include all major decisions regarding education, religious upbringing, health care, and significant changes in their social environment.
Sole custody occurs when one Elizabethtown parent has complete responsibility and decision-making abilities for the child or children. This type of child custody does not remove the rights of the non-custodial parent. The other parent still has the right to access medical and educational records, but they aren’t able to make decisions in those major areas discussed above.
How Is Child Custody Determined for Those Who Are Walking Through Divorce?
Our child custody lawyers at Clagett & Barnett can help you understand the many different aspects of the law regarding child custody, as so much of it can be confusing. One of the most important things parents need to understand is the law that has been implemented regarding shared parenting. This shared parenting law focuses on providing what’s in the best interest of the child or children involved in a divorce. So long as each parent is deemed a fit caregiver, joint custody and equally shared parenting time will be awarded.
Every child custody discussion starts with shared parenting in mind. It is then the burden of proof for each parent’s child custody lawyer to show that an alternate arrangement should be made if they so believe. The shared parenting law does not mean that a divorce judge must allow shared custody between parents, nor does it make it impossible for one parent to win sole custody. It merely provides a solid place from which to begin discussions.
Your child custody lawyers at Clagett & Barnett will fight on your behalf to provide your children with the best possible custody solution that will ensure their wellbeing. During proceedings, the court will consider several different factors to determine the appropriate type of custody for each individual case:
- The wishes of the parent(s) and the wishes any de facto custodian of the child;
- The child’s relationship with a de facto custodian;
- The wishes of the child, with due consideration to the influence a parent or de facto custodian may have over the child’s wishes;
- The motivation of the adults in the participation of the child custody proceedings;
- The current involvement of each parent in the life of the child;
- The physical and mental health of each parent;
- The level of cooperation between the parents;
- The child’s adjustment and continued proximity to his/her home, school, or community;
- Any finding by the court that domestic violence or abuse has occurred.
Your child custody lawyers in Elizabethtown will support you through the entire process to make sure you are properly and fairly represented during proceedings.
Choose Clagett & Barnett Attorneys at Law as Your Child Custody Lawyers
The child custody lawyers at Clagett & Barnett take pride in their relationship with every client they represent. What’s more, they are each mothers and wives, so they are intimately familiar with the family dynamic and what it takes to provide and protect for the children involved. They will work tirelessly to help you find a solution that meets your needs.
If you are ready to set up your first meeting, don’t hesitate to call and keep reading to learn 3 steps to winning your custody case.