When a couple decides to get a divorce, one of the most challenging things to deal with is child custody. This can be especially tough if you are not familiar with the process. Whatever the reasons for the divorce, ensuring that both parents are aware of the laws surrounding child custody is a must. In the court, the most important factor to consider is what is in the best interest of the child or children involved. Here are some things every spouse needs to know about child custody.
Both Parents have Equal Rights to Their Child
When it comes to custody, both parents have the same rights to their children. This means that a mother and father are both entitled to make decisions about their kid’s education, healthcare, religion, and other important matters. However, many states prefer one parent to be the primary custodial parent. You might want to consult with a divorce attorney to understand all the laws in your state.
Custody Arrangements Can Include Joint or Sole Custody
Did you know that there are two types of custody arrangements? The first is joint custody, where both parents share physical and legal custody of their children. This means they would make decisions together and split parenting time between them. The second type is sole custody. In this situation, one parent has primary physical and legal custody while the other may receive visitation or limited custody rights.
The Courts Will Consider Both Parents’ Wishes
We mentioned that both parties have the same right for child custody. When deciding who gets custody, the courts consider both parents’ wishes. If you and your spouse can come to an agreement about who should have primary or joint custody, the court may be more likely to uphold it. However, if you cannot agree, the court will make a ruling based on what is in the best interest of the child or children involved.
You May Need to Work with a Custody Evaluator
If you and your former spouse cannot decide who should have primary custody, you may need to work with a custody evaluator. This is an expert who will conduct interviews, research both parents’ backgrounds, and ultimately determine what is best for the child. The evaluator’s report will be used by the court to make its decision, so you must cooperate with them.
So what’s the bottom line? Though it’s not easy, be sure to cooperate with your former spouse and do everything you can to come up with a custody arrangement that is in the best interest of your child or children. Remember that your children don’t deserve to feel like pawns in a divorce. By understanding child custody laws, you’ll be better prepared to make decisions that are best for your little ones.