Who decides on the custody of children in divorce cases?

On Behalf of | Jun 12, 2019 | Child Custody |

As someone who is living in conflict with your significant other, one of your major concerns is how to get your children out of this situation. You don’t want them to see you and your spouse fight. You want them to live comfortably and to be happy at home.

You know that you and your spouse will have the right to custody if you pursue a divorce, but you’re not sure how the court will decide. Fortunately, there is some helpful information that can assist you in making decisions about child custody.

Who makes custody decisions when parents divorce?

If the parents aren’t able to talk through a custody plan on their own, then the judge taking care of the case can make that decision. The court will look at several factors such as who provided day-to-day care for the child and how much each parent earns. The health of those involved and support systems also play a role in the judge’s decision.

As a parent, you want to retain both your legal and custodial rights over your children. Legal rights include making decisions that affect their well-being. Custodial rights are the rights that allow you to have time with your children. You may have full or shared custody, depending on the situation and factors involved.

In most cases, parents share custody. If you will, remember that having a parenting plan in place can reduce the number of conflicts you have with one another in the future. Your attorney can help you develop a parenting plan and custody schedule if you and your spouse are in agreement that you will work together for your children’s sake.

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