Child custody is one of the most challenging battles parents face after a divorce attorney helps them through a separation. The legal proceedings dictate how much influence a parent will have on a child's life, along with how much and where the child spends time with each parent.
Regardless of the situation that led to the parent's relationship breakdown, David R. Phillips believes no loving and responsible parent should be denied involvement in their children's upbringing.
Sometimes terms surrounding child custody arrangements are easily agreed upon by divorcing parents. Mediation helps resolve differences amicably without parents battling it out in court.
But when divorcing spouses cannot reach any agreement, family law attorneys help present each parent's viewpoint and support it with evidence in court. After the trial, the judge grants the final custody or approves mutually agreed agreements if they won't cause harm to the children.
What's included in Child Custody Agreements?
The child custody agreement contains details about the visitation schedule and custody. It could be a weekly schedule or vacation, holiday, and special event schedule that decides where and with whom the child will spend time.
The agreement also included parenting provisions and rules regarding the way the children must be raised. It outlines how parents decide on the child's education, healthcare, religious involvement, and how disputes will be settled. Violations of this court order can be challenged in court by the other parent.
David R. Phillips understands child custody battles can be scary for children and parents alike. With an extensive industry experience of over three decades, the family law attorney can help resolve issues while minimizing the toll on all parties involved.
Before you set up a consultation with us, here are the main types of child custody arrangements to consider.
Main Types of Child Custody Arrangements
#1- Sole Custody
This is when one of the parents is awarded exclusive physical and legal rights. They are solely responsible for making decisions surrounding the child's well-being. The child lives with the parent full time. While a rare arrangement, sole custody occurs when the parent is deemed unfit for reasons such as drug addiction, violence, or degrading mental and physical health.
The law separates sole child custody into sole physical and sole legal custody. It grants the child's rights to one parent who doesn't need to confer with the other parent about issues concerning how the child is raised. However, if sole physical custody is granted, the noncustodial parent is granted visitation if it's in the child's best interests.
#2- Joint Custody
Both parents are proactively involved in the upbringing of the children when joint custody is awarded. The court may grant joint physical custody in which the child moves back and forth between the residences of each parent. However, the critical decisions about their welfare are the sole responsibility of one parent.
If both legal and physical joint custody are awarded, both parents must cooperate to make important life decisions for the child.
The court may also award legal joint custody. The order requires the child to live with one parent. However, the other parent can be actively involved in long-term decisions impacting the child's upbringing. Moreover, depending on many factors, one parent may still have to pay timely child support to the other.
#3- Visitation of Third Parties
Many states allow third parties to have visitation with the child. This includes foster and stepparents, grandparents, and extended relatives. There are certain circumstances that the courts consider before granting anyone visitation rights.
Most states provide parents with the right and control over limiting interactions the child has with anyone and weigh the decision against what's in the child's best interests.
Work with a Trusted Family Law Attorney
Child custody cases significantly impact the entire family and your child's future. Choose reliable family law attorneys like David R. Phillips when you seek legal support to settle such intricate matters.
We advocate the well-being of the child and fairly represent you in court to help you in your fight for the most favorable child custody arrangements. Partner with us to experience relief and return to normal life sooner than later!
Whether you're a father or a mother, our family law attorney will establish an agreement that's in the best interests of you and your children.
You can also call us if you need a criminal defense lawyer, divorce lawyer, expungement lawyer, DUI or OWI lawyer, or a family law attorney for other legal issues. We serve many areas, including Lake County, Chesterton, and Valparaiso.