When you are going through a divorce and have children, one of your biggest concerns is who will get the children and how you will divvy up custody. While you and your ex may be at odds with parenting, in most cases, you will have to learn to agree to disagree and figure out a plan to raise your children.
Questions will arise when it comes to child custody and how it works.
It is very rare that a court won’t allow a parent to see the children. So, when going through a divorce, it is a good idea to prepare to share the custody of your children. Keep reading to learn the answers to three critical issues related to child custody in a divorce.
Legal Custody vs. Physical Custody
Upon getting a divorce, there are two types of child custody that either parent will have. One is legal custody of the children. The other is physical custody. If a judge grants you legal custody of the children, you are responsible for the decisions about the children’s upbringing. This could include religion, schooling, medical care, and other matters related to daily caretaking.
If a judge grants you physical custody, this means that you can have the child live with you daily. This doesn’t always have to be an either-or arrangement. Sometimes, the courts will grant parents joint legal and physical custody. With such an arrangement, both parents have about a 50-50 share in the children’s upbringing and a 50-50 share of children spending time with them.
Who Gets Child Support, Legal or Physical Custodian?
When it comes to child support, it is almost certain that the parent with physical custody of the children will likely be the one who will get child support. This is because they are the ones who spend the most time with the children. Therefore, they will need money to help raise them.
When both parents have shared physical custody, the child support situation could be sticky. This is because parents may start to battle over the children to reduce the child support obligation. Typically, the parent who makes more will have to pay the parent who earns less even if they share custody.
There are situations in which parents who share physical custody can reach a collaborative agreement that neither will have to pay child support. This is when both parents make similar amounts of money. The courts may accept such an arrangement if they believe it is within the children’s best interests.
Do Courts Grant Sole Custody to a Parent?
Courts try to do what is in the best interest of the child. In most cases, the child’s best interest is for both parents to be in the children’s lives. Therefore, there is a strong possibility that courts may grant joint physical custody.
However, there are times when courts may conclude that one parent could pose a threat to a child’s safety. In such instances, the judge may grant sole custody to a parent. Although this type of arrangement is rare, here are some reasons why a judge may award sole custody to one parent.
● History of abuse
● Incarceration
● Drug or alcohol abuse
● Domestic violence
● Mental health issues
● Neglect
● Relocation of one parent to another state
Sole custody is a combination of sole legal and physical custody. The other parent referred to as the non-custodial parent, does get to have visitation rights. But ultimately, all power over the children belongs to the parent with sole custody.
In Sum
Going through a divorce is quite challenging, and there is plenty of misinformation related to child custody issues. To avoid getting into legal trouble for not abiding by court rulings on custody related issues, it is a good idea to seek legal counsel. An experienced divorce attorney provides sound advice and guidance, as well as support and ensures your rights are protected.
The divorce and family law attorneys at Tower Karson Law in Livonia are here to discuss any questions you have about child custody issues. Call today to schedule your Free consultation and learn more about your rights as a parent.