Written by Admin | Jan 9, 2020 6:00:00 AM
Going through a divorce is never an easy process, and if children are involved, it adds another layer of complexity. For instance, when children are involved in a divorce, you and your spouse—with the aid of your attorney—must agree upon child custody, support, and more. Not to mention all the other details that you must arrange with your spouse. We are going to examine the main types of child custody arrangements to help you identify which is the best fit for you. However, it is important to note that the details of each child custody arrangement can vary by state, so be sure to consult with your attorney for more information.In a physical custody arrangement, one parent can receive sole physical custody, or each parent could receive physical custody, also known as joint physical custody. In a sole physical custody arrangement, the parent deemed most fit for the child will be the parent whom the child lives with primarily. On the other hand, if the parents live within a reasonable distance from each other, and they can both care for the child, the judge may require joint physical custody. In this case, the child will alternate living with each parent based on an agreed-upon schedule. In most sole physical custody cases, the parent who does not have custody will receive visitation rights from the judge. However, the extent of their rights can vary based on several factors—more on that later.If the judge grants you sole legal custody of your child or children, that means you have the right to make major decisions for them. For example, you will be able to make decisions about the school they attend, their health, their religion, and so on. However, in most cases you and your spouse will have joint legal custody, unless there is a reasonable factor to exclude one parent from legal custody.Because joint legal custody is so common, it can lead to conflict between spouses because one spouse tries to make decisions for the child without consulting the other parent. If your spouse makes a legal decision without discussing the decision with you first, you have the right to take them back to court to solve the problem. Additionally, if your spouse made a decision that could be harmful for the child, you can request sole legal custody in court.The judge often grants sole custody to one parent if the other parent is incompetent because of several reasons, such as imprisonment, financial issues, health, or drug or alcohol abuse. Sole custody could include physical or legal custody or both, depending on the situation. It’s important to note that sole custody is often the last resort because the judge understands that it’s best for the child to have each parent in their life. However, it is also understood that the child needs a physically and emotionally safe environment when they’re with their parents. That said, you should always seek joint custody if you can, but if the relationship with your spouse or their lifestyle is potentially harmful, you should seek sole custody.You and your spouse should seek joint custody under all circumstances for the best interest of your child or children. Some studies have shown that divorce doesn’t necessarily affect children’s lives over time, while other studies show that children benefit significantly from having both parents in their life. This obviously can lead to tension between parents because there are usually significant amounts of pain involved with divorce, but you and your spouse must work together to parent your children.There are several important factors to keep in mind when pursuing joint custody. For instance, you and your spouse will need to work together to organize a schedule for when you will each have visitation. The visitation schedule must be flexible with each other’s work schedules and with the child’s schedule if they have sports, special needs, or academic needs. In addition, one of the most challenging parts of scheduling visitation is weekends and holidays because every parent wants their kids with them during major holidays. Depending on the judge’s visitation ruling, and the parents’ relationship after the divorce, some parents are able to work it out where they can peacefully get together on holidays.Depending on the nature of the parents’ relationship and lifestyles, the judge can decide to assign a certain level of visitation. For example, there are two common types of visitation: supervised and unsupervised. Supervised visitation means that another adult must be present throughout the visit. The court will usually rule supervised visitation if they have reason to believe the parent should remain supervised because of their background. Please note that the court will never allow visitation if they have reason to believe the child is in danger or could be.On the other hand, unsupervised visitation is much more common. Unsupervised visitation allows the parent to enjoy being a parent with their child and take them out around town and so on. Receiving the right to unsupervised visitation signals that the judge found you safe and beneficial to the child.We understand that divorce is challenging, complicated, and scary, and having children involved makes the process that much more difficult. Navigating child custody arrangements is confusing and can be detrimental to your relationship with your spouse and children, so you should take child custody hearings seriously.If you’re just starting the divorce process and need help understanding the different types of child custody arrangements and your options, you need to get an attorney. On the other hand, if you have already completed the divorce but wish to revisit your custody or visitation agreements, you still need an attorney. Contact us today for a child visitation lawyer in Chicago to learn the next steps.