Divorce can be a difficult process for everyone involved, but divorce often takes the highest toll on minor children. Children may have a hard time adjusting to changes in the marital relationship, and this can be made more complicated when mom and dad are unable to get along.
Custody sharing arrangements can also complicate matters. This is why it’s important to have a solid plan in place to ensure everyone in the family understands their rights, responsibilities and obligations as they relate to care and support for minor children.
Types of Custody
In a marriage, both parents share custody of minor children, and each parent plays an equal role in the raising of children. In divorce, however, there may be different types of custody that split responsibilities and obligations. Depending on circumstances, this split may not provide for equitable sharing of time spent together nor financial responsibilities.
For the most part, custody is designated as either physical or legal. Likewise, custody may be sole or joint. Joint custody generally means that both parents will play some role in caring for the child or children after a divorce, but sole custody means that only one parent has a certain responsibility.
The Difference Between Legal and Physical Custody
Although the two main types of custody are related, they differ in definition. Physical custody means that you physically care for the child by housing him or her while meeting care needs by providing food and shelter. Additionally, physical custody also adds in the consideration of providing a safe living environment.
Legal custody, on the other hand, is a type of custody that grants one or both parents the ability to legally make decisions for the child even if you do not have full physical custody of a child. When you have legal custody of a child, you may share physical custody, but you are the parent who makes decisions regarding things like medical care, education, lifestyle choices and so on.
The Benefits of Legal Custody for Parents
While physical custody is beneficial to parents in that it allows them to be close to children after a divorce, legal custody benefits parents by giving them the ability to maintain the role of decision maker. This role is crucial in the shaping of a child’s future, but it is also important in providing for safety and security. Having a legal custody arrangement also reduces the potential for conflict as the order should clearly state which parent is responsible for which decisions.
The Benefits of Legal Custody for Children
Understanding legal custody assignment is beneficial to parents in a divorce, but it also provides benefits to children. When a child understands who is responsible for making decisions regarding his or her well-being, it can provide a sense of security. There is no questioning about which parent to consult regarding decisions, and the hope is that the child will feel less conflicted about who to turn to when seeking resolution to a problem regarding the meeting of needs.
The Importance of a Formal Custody Arrangement
No matter what type of custody arrangement you plan to have after a divorce, you absolutely need to have a formal arrangement issued by a family court. Too often, divorcing parents will agree verbally to a custody arrangement only to find themselves at odds over the terms after the divorce is finalized.
Having a formal custody order issued by a family court judge ensures that all terms are clear and that both parties understand and agree to be bound by the terms. This can reduce the chances for disputes in the future, and it can provide for the best interests of the child or children by setting realistic expectations and laying out obligations.
Partner With a Divorce Attorney
Because the stakes are so high when it comes to legal custody assignment, you are highly encouraged to partner with a divorce attorney to handle the details of your separation. A divorce attorney can discuss the specifics of your case and the unique details of your family situation. He or she can then offer guidance and options to not only help you navigate your divorce in the most effective and efficient manner possible, but your attorney can also help you to seek the custody status that best suits your family’s needs.
Another benefit to partnering with a divorce attorney is that he or she can handle all communication with your spouse so that you can focus on caring for your child or children. This helps to defuse tense situations as your attorney can act as an objective third party who has no emotional ties to the divorce process. If litigation is required to argue for custody, your attorney can also appear in court on your behalf to represent your interests and the best interests of any children involved in the process.