Did you know that 36 percent of American children under the age of 18 do not live with both birth parents? Many circumstances lead to a child spending time away from their normal life.
If you’re in marital strife and have ended up going through a divorce, you might be facing the difficult task of child custody. We’re going to break down some of the details of child custody and help you get ahead of the process of figuring out child custody.
1. Understanding the Legalities of Child Custody
Child custody is a legal framework that ensures that both parents keep rights over their children after a separation. Knowing the basics of the legalities of child custody is key to understanding how to move forward in this process. Having an understanding of the legalities will help to ensure that the decisions made are in the best for both the children and parents.
Child custody is divided into two categories: legal and physical custody. Legal custody encompasses the right to make decisions for a child, such as education and healthcare. Physical custody grants the parent the right to have regular access to the child.
2. Deciding on Clear Parental Residency and Visitation Rights
Depending on the specific arrangement, custody may be joint, or it may be given to one parent. Visitation rights allow the non-custodial parent to maintain a relationship with the child.
It can occur at regular intervals, such as every other weekend or every other week. Doing these things can help ensure that the child’s best interests are considered and that both parents can remain involved in their child’s life.
3. Setting Reasonable Financial Obligations for Each Parent
Parents should consider both their current and future financial situations and try to set up a plan that is best for the child. Both parents must have an understanding of what their financial obligations are.
It is important to keep track of how much custodial and non-custodial parents are paying toward their child’s expenses. When there are many children, parents should ensure the payments are divided fairly between them to give each child equal access to similar benefits and resources.
4. Making Practical Decisions When Co-Parenting
Knowing how to co-parent following a divorce or separation can be difficult, particularly when it comes to making decisions related to the children. The court will take into consideration each parent’s relationship with the child, the child’s preferences, the ability of the parents to cooperate and agree on decisions, and the child’s safety. Practical decisions could involve deciding time-sharing practices, outlining parental responsibilities when it comes to medical and educational decisions, and determining child support.
5. Preparing for Mediation and Potential Disputes
Both parents should be informed about the court process, legal rights, and the available options. They should also familiarize themselves with the applicable laws of their state and federal regulations.
Parents should understand potential disputes and how to avoid them through negotiation and discussion. You may want to consider a family mediation service or hire a lawyer and talk about the details.
The Complexity of Child Custody
Child custody can be a difficult matter to handle, but being informed is an essential part of the process. By being well-acquainted with your state’s laws, discussing your rights with an experienced lawyer, and understanding the different types of custody, you can arm yourself with the knowledge you need to make the best decisions for your family.
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Wayne Probert is a senior reporter at Zobuz, covering state and national politics, and he is a grantee with the Pulitzer Center on Crisis Reporting. Before joining Zobuz, he worked as a freelance journalist in Kentucky, having been published by dozens of outlets including NPR, the Center for Media.
