Who Makes Decisions about your Children after Separation?

Posted June 30, 2020 by Carlosdavismrk

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Are you getting separated from your marital bond? How do you plan to break the grounds for your children? It is best possible if both parents do it together. Figure out the right place and time but keep the age of the kid in mind before starting.

Younger kids may not demand details, but the older kids may ask for more information. The feeling of love and care needs to be instilled in your kids as a parent! They need you to comfort them by telling them that you will be coming to meet at regular intervals.

Here are essential details of Child Custody you must know before separation:

Child Custody: This is an arrangement that establishes how parents will take care of the children. This also lays out the rights and responsibilities of each parent after a divorce or separation. Choosing the right arrangement is crucial to avert any lousy impact of separation on your children.

Different Types of Child Custody Arrangements?

Law allows arrangements as to how the children should be taken care of and how decisions will be made after you and your former spouse separate or divorce. Legal, joint, physical, and sole, are terms that describe the type of child custody arrangement.

• Legal custody: When a parent or parents are entitled under law to make decisions for children. Legal custody can be granted either to one parent or can be shared by both parents. A court upholds decisions made by a parent with legal custody and overturns decisions made by a parent without legal charge.

• Physical custody: Also known as residential custody, in this type of arrangement, the parent has control over routine care of the children. The person entilted so is called the primary caretaker. The children live with the parent having physical custody. However, in some cases, the court permits both the parents to have physical custody. This means that the children can live with both you and your ex-spouse at times.

• Sole and joint custody: These arrangements determine whether one parent or both the parents have legal and physical custody of the child. In Sole custody, one parent has full legal and physical custody, and the other parent does not. While in joint custody, the responsibilities and rights are shared. Parents can have joint legal custody, i.e., both parents can legally make decisions for the children.

The parent or parents having legal custody of the children is called the custodial parent or parents. A non-custodial parent is often granted access and allowed to visit to keep a continuous involvement in their children’s lives.

Consider What Is the Best Custody Arrangement in your Situation?

You need to read and understand how each parenting arrangement works. Also, while choosing which parenting arrangement works best for you, many different factors need to be considered. Before determining the arrangement under which the child custody will be given out, the court will evaluate the following:

• Child’s overall well-being
• The mental and physical health of a parent
• The child’s relationship with a parent
• Parent’s ability to instruct, encourage, and discipline children
• If only one parent was the primary caregiver for the children in the past
• Which home or area the children currently live in
• A parent’s integrity and behavior

The children’s ages are also considered. In custody cases involving an infant will be handled differently by the court than custody cases involving a teenager. Overall, the courts consider who can take better care of the children. So, when you’re creating your parenting arrangement, you should ask the same question.

A separation agreement is critical to protect your rights, and a poorly drafted agreement could result in lost custody or seeing your children less than you could have. You must choose to have an experienced family law attorney who can specially tailor an agreement as per your needs and help you draft a legal separation agreement. Also, once the things are finalized do not forget to save a soft copy with you of the separation agreement with child pdf.

To know more visit at https://forms.legal/blog/separation-with-kids-how-can-it-be-made-smooth/
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Last Updated June 30, 2020