You’ll have to cover loads of topics during a divorce, many of which are not easy to deal with. Matters regarding your property, assets, finances, and more are subject to divvying up and dispersing before things get finalized.
It’s certainly never easy parting with your stuff, but it’s much trickier to hash out the details of your child custody arrangement. After all, you might feel some kind of way about giving up your house or car, but the house and car don’t care what happens.
Your children will care.
Factors That Weigh into the Child Custody Decision
Ideally, you will settle the matter in mediation or negotiation.
However, not everyone is able to reach an agreement regarding child custody before the hearing, and therefore it is left to the involved parties and their legal counsel to present the facts to the court and ask the judge for a ruling regarding the arrangement.
There are plenty of factors that will ultimately determine how the arrangement works, including the age and health of the child or children, their relationship with each parent, and each parent’s capacity to care for the children.
If there is a history of abuse or neglect present, this will play a role during the decision-making process as well.
Different Types of Custody
With all the facts of the situation laid out, the court will examine what structure of custody might be most appropriate.
If both parents are interested in having custody, live in proximity to one another, and have no history that should preclude them from remaining present in their children’s lives, joint custody is often the best option.
A true joint custody arrangement involves physical custody, or where the children actually live. This differs from legal custody, in which the children may live with one parent exclusively while the other parent retains the right to make decisions regarding the child’s life and upbringing.
What type of custody works best for your circumstances depends on many things, but your attorney should be able to advise the best for your purposes.
Finalization and Modification
After everything has been discussed and brought to light, the court will make its ruling and the arrangement will be finalized, along with the rest of the divorce.
That doesn’t mean everything is set in stone for good!
Changes to the children’s lives and needs, changes to your circumstances or your former spouse’s situation, and other things could all render a ruling obsolete and in need of review.
That means a child custody order can be modified after the fact. Discuss the feasibility of requesting a modification with your family law attorney if you feel a change should be made regarding the existing child custody arrangement.
Bagner Law, PC
If you’re in need of an excellent family lawyer in the East Bay area, look no further than Vonnah Bagner of Bagner Law, PC. She boasts decades of experience, offers a wealth of legal knowledge and expertise, and exhibits compassion that you’d never expect from a lawyer.
Call today and find out firsthand what makes Vonnah Bagner the leading family law attorney in the East Bay area!
