If you go through a divorce when you have children, your top priority will be determining who gets custody of the kids and what the custody agreement is.
Image source: https://unsplash.com/photos/FWfTtCvgm_
So, here are four important things all moms should know about custody laws.
1. You Don’t Have to Go to Court
You don’t have to go to court to decide on matters concerning custody.
Indeed, if you and your ex can come to a custody agreement yourselves, that will be the best option.
After all, it’s essential that you, your ex, and your children feel secure and comfortable with the custody arrangements.
There are various custody options available, but the two most common scenarios are as follows:
- The children live with one parent. That parent has primary custody, while the other may have partial physical custody.
- The children live with each parent at different times, such as alternate weeks. That’s known as shared physical custody.
2. There Are Different Types of Custody
Let’s explain things like “physical custody” in more detail. The term refers to the right of a parent to have the children live with him or her.
The other term you need to know is “sole custody,” which refers to a parent being awarded full legal and physical custody.
“Legal custody” means the parent who has physical custody is the authoritative decision-maker regarding the children’s lives.
Also, you need to know what “visitation” means. That refers to a parent who is awarded visitation time with his or her children but doesn’t have authority over making decisions about the children’s lives.
“Joint custody” is also possible, which means both parents share legal and physical custody of their children.
Also, it’s worth noting that it’s very unusual for a court to deny a parent all contact with his or her children. Typically, if a parent doesn’t have primary physical custody, he or she will have the right to partial custody.
3. If You Can’t Agree on Custody, You’ll Need to Go to Court
If you and your ex can’t come to a custody agreement between yourselves, you should consult a lawyer to help you determine child custody and come up with a workable plan of action.
If that fails, you and your ex will need to go to a court where you can both present your cases, with the assistance of your lawyers.
A judge will then make a decision regarding who gets custody. The judge may also determine the details of the custody agreement.
When a judge makes a decision about custody, he or she will always put the best interests of the children first.
4. Judges Don’t Discriminate
Just because you’re the mom, it doesn’t necessarily mean you’ll automatically be given custody. This is a misconception that’s still thought of as true by many.
Judges don’t discriminate. That would be illegal. Therefore, neither the mother nor the father is favored based on gender.
Also, judges don’t discriminate based on things like parents’ physical abilities and financial statuses; as long as the parent has enough income to provide basic needs to his or her children.
A judge will always base his or her decision on the precise circumstances of the case and what’s best for the children.
Summing Up
You should try and come up with a custody agreement with your ex. If you find communication difficult or you cannot agree on things, you should seek the assistance of a child custody lawyer or attend a counseling session.
If you still can’t agree, you’ll need to go to court. Your attorney will present your case and the judge will rule who gets custody.
Regardless of how custody agreements are reached, remember that the most important thing is finding the best solution for your children’s interests.
Add Your Comment