Issues of Child Custody
February 9, 2012 By Law Office of Sharon L. Tate
Divorce is a painful and complicated process, and when children are involved, it is that much more complex. The parents must come up with a workable and hopefully satisfactory parenting plan, which can be easier said than done. The parent who is granted physical custody of the children will live with the children and provide for all the children’s daily needs.
That parent is responsible for basic needs, such as food, clothing, and transportation. The parent who is granted legal custody is given the responsibility to make all the major decisions that will significantly impact the child’s life. These decisions involve issues of education, health, religion, or any other significant matter. When deciding issues of child custody, the parents must decide who will have physical custody and who will have legal custody. Of course, one parent may be granted sole custody, in which case he or she would have total custody of the children. Another arrangement is called joint custody, in which the parents equally share both custodies (physical and legal) of the children or share either physical or legal. The parent who does not have physical custody of the children is granted visitation rights. Under the orders outline by the court, that parent is allowed to see the children under certain circumstances and in specified locations. The child may be allowed to spend weekends or overnights with the parent, but the child may not move in with the parent.
There are many different arrangements that are available to the parents, and if they cannot decide on their own, the court will step in and decide what is in the best interests of the children. Sometimes, when parents cannot come to a mutually satisfactory agreement, they hire a mediator—a neutral third party who helps to negotiate decisions. The mediator is not allowed to side with one parent or the other; on the contrary, the mediator is required to provide helpful information and guidelines for the parents so that they can come to the best possible solution. Mediation can be helpful when a decision must be made but the parents cannot agree together on what the appropriate outcome should be.
The parent who does not have custody of the children is often obliged to pay child support to the other parent. The resources from the child support are to be strictly used for the needs that are incurred with the raising of the children, and the custodial parent may not use the money or resources for any other reason. If you are a parent and are currently going through a divorce, it is essential that you find a trustworthy and experienced family law attorney. Developing a satisfactory parenting plan is important because it is tedious and sometimes fruitless to try to change it later on. The court is often reluctant to change divorce orders unless concrete evidence is given that the changes are in the best interests of the children. This can be hard to come up with, and if the court does not see the significance, no change will be allowed.
These same rules apply when parents are seeking a legal separation instead of a divorce. Many of the same decisions must be made regarding child custody. The only difference between legal separation and divorce is that after a legal separation, the couple is still legally married. Therefore, they must still choose which spouse will have custody of the children and which will have visitation rights.
ABOUT THE AUTHOR: Law Office of Sharon L. Tate
The Law Office of Sharon L. Tate has a respectable reputation because Ms. Tate cares about each of her clients; her respectable reputation is well-earned, and it speaks for itself. She is a reliable and experienced family law attorney who serves clients in Phoenix, Arizona. She treats each client as an individual and cares about the outcome of each case. Ms. Tate has 14 years of experience in family law and is prepared to take on your case. She has experience both as a tutor and has edited documents for Law Review. She taught law classes at the college level and enjoys researching issues that involve law. She has a particular interest in family law cases and wants to help her clients pursue the outcome that is in their best interests.
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More information about Law Office of Sharon L. Tate
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
There are many different arrangements that are available to the parents, and if they cannot decide on their own, the court will step in and decide what is in the best interests of the children. Sometimes, when parents cannot come to a mutually satisfactory agreement, they hire a mediator—a neutral third party who helps to negotiate decisions. The mediator is not allowed to side with one parent or the other; on the contrary, the mediator is required to provide helpful information and guidelines for the parents so that they can come to the best possible solution. Mediation can be helpful when a decision must be made but the parents cannot agree together on what the appropriate outcome should be.
The parent who does not have custody of the children is often obliged to pay child support to the other parent. The resources from the child support are to be strictly used for the needs that are incurred with the raising of the children, and the custodial parent may not use the money or resources for any other reason. If you are a parent and are currently going through a divorce, it is essential that you find a trustworthy and experienced family law attorney. Developing a satisfactory parenting plan is important because it is tedious and sometimes fruitless to try to change it later on. The court is often reluctant to change divorce orders unless concrete evidence is given that the changes are in the best interests of the children. This can be hard to come up with, and if the court does not see the significance, no change will be allowed.
These same rules apply when parents are seeking a legal separation instead of a divorce. Many of the same decisions must be made regarding child custody. The only difference between legal separation and divorce is that after a legal separation, the couple is still legally married. Therefore, they must still choose which spouse will have custody of the children and which will have visitation rights.
ABOUT THE AUTHOR: Law Office of Sharon L. Tate
The Law Office of Sharon L. Tate has a respectable reputation because Ms. Tate cares about each of her clients; her respectable reputation is well-earned, and it speaks for itself. She is a reliable and experienced family law attorney who serves clients in Phoenix, Arizona. She treats each client as an individual and cares about the outcome of each case. Ms. Tate has 14 years of experience in family law and is prepared to take on your case. She has experience both as a tutor and has edited documents for Law Review. She taught law classes at the college level and enjoys researching issues that involve law. She has a particular interest in family law cases and wants to help her clients pursue the outcome that is in their best interests.
Copyright Law Office of Sharon L. Tate
More information about Law Office of Sharon L. Tate
View all articles published by Law Office of Sharon L. Tate
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
