When parents get divorced or split up, one of the most important issues they must deal with is determining how to best raise their children. Generally speaking, courts favor custody arrangements that allow both parents to remain involved in their children’s lives. However, a variety of factors come into play when determining child custody and visitation agreements.
In most cases, judges will award both legal and physical custody to one or both co-parents. The difference between the two types of custody is that legal custody involves decision-making, while physical custody determines where a child will live. A judge may also award sole custody to a parent in certain circumstances, such as when there is evidence of domestic violence or drug abuse, or if the court deems a parent unfit for custody.
Legal custody deals with the right to make important decisions about a child’s life, such as his or her religion, education, medical care and more. Generally, if both parents share legal custody, they will work together to make these decisions. In many cases, the parents will choose to create their own shared custody arrangement or a mutual agreement outside of court. This is often preferable, as it can minimize the potential for conflict and confusion.
The most common type of custody is joint physical and legal custody, which is a situation in which a child spends an equal amount of time with each parent. The child will likely reside in both parents’ homes, and the parents will take turns taking the child or children in and out of the house. This arrangement is sometimes called “bird’s nest custody,” and it is a popular choice for separated or divorced parents.
If a judge awards one parent sole physical custody, the child will live with this person for an overwhelming majority of his or her time. The non-custodial parent will be granted visitation rights with the child, which will usually involve an evening and weekend schedule. This type of custody is less common in recent years, and more and more courts are granting joint physical and legal custody to both parents.
Unmarried couples can also seek custody arrangements, but it is typically more difficult to come to an agreement than it is for married couples. In fact, many states require that parents attempt to resolve custody disputes out of court before bringing them to court. It is important to explore all options when seeking a custody arrangement, and it can be helpful for both parties to consult an experienced family lawyer. The attorney can help the client understand what his or her options are, and can assist with working toward a custody arrangement that will serve the child’s best interests. If you are interested in learning more about custody arrangements, contact a Miami divorce & family lawyer today. Your lawyer can answer your questions and provide the information you need to begin the process of filing a custody petition. The sooner you act, the better your chances of obtaining the type of custody that works best for you and your child or children.