Custody issues are often complicated, especially when they involve children. Parents need to make sure they understand how the law works in order to protect their rights and those of their children. A legal professional can help.
Child custody laws vary by state. However, the most important factor is always the best interests of the child. The circumstances of every family are unique and can significantly impact custody decisions. However, there are some general concepts parents should keep in mind to help guide them in making decisions about child custody and visitation schedules.
Parenting arrangements are typically categorized as either joint legal custody or joint physical custody. Both are meant to ensure that the parents remain active in a child’s life and can maintain a strong bond with him or her. Joint legal custody involves both parents sharing decision making responsibilities, though one parent is designated as the primary residential custodian. Joint physical custody means both parents share responsibility for the daily care of a child. The actual amount of time a child spends with each parent is detailed in a parenting plan.
Judges generally prefer arrangements that allow both parents to play a role in a child’s upbringing. However, they may award sole legal custody to one parent if there is evidence of domestic violence, drug abuse, a history of unsafe activities or other behaviors that pose dangers to the child’s safety. In this scenario, the noncustodial parent would only be granted limited visitation or supervised visitation at the court’s discretion.
Many states now allow courts to consider a child’s preference in a custody case. Depending on the age of the child, this can be a significant factor in determining custody and visiting time.
If a judge finds that it is in the best interest of a child for him or her to have a specific type of custody, it will then be up to the parents to agree on the terms. This is usually done through mediation with the help of a skilled Miami child custody lawyer.
As with any legal issue, it is important for parents to work together and to find a solution that will benefit them and their child or children. In cases where parents can’t agree, a court will assign an evaluator to evaluate each parent and the situation and recommend a custody arrangement.
Our team of dedicated, experienced legal professionals can help you navigate child custody and visitation disputes. Contact us online or by phone at Davis and Associates, Attorneys at Law, LLC today to set up a consultation with our attorney. We serve clients in Indianapolis and throughout Indiana. We also represent people in cross-state custody and visitation cases involving individuals who live in different states. We are here to protect your family’s rights and those of your children. We look forward to hearing from you.