One main facet of settling a divorce if you have children is settling custody battles. While sometimes it is possible to settle legal disputes in a civil matter, it usually requires experienced and skilled custody attorneys near Rockford, Il to make sure nothing goes awry throughout the process. Things to consider regarding child custody decisions include who will receive primary custody of the child or children and what the visitation rights are. It is also important to note that unmarried parents who have a child as well as non-parental child custody decisions go through a different process with different considerations from the court.
Physical and Legal Custody
One parent is generally granted physical custody, meaning this is where the child will spend the majority of their time. This custodial parent often times has to share legal custody of the child with the parent who doesn’t have physical custody. The term “legal custody” refers to the parent’s right to make decisions regarding education, religion, healthcare and other important facets of life.
Joint Custody vs. Split Custody
Depending on the situation, a joint-custody arrangement might be an ideal way to handle child custody. Joint-custody means that the child spends approximately the same amount of time with both parents. This is often ideal for children as it does not make them feel like they have to choose one parent over another. However, there are downsides, including the fact that the child is constantly going back and forth between homes, essentially living two different lives. Both parents need to be in agreement and civil with one another, so if this is not the case with you and your spouse, there is less of a chance that the court will allow for joint custody.
Split custody occurs when one parent has custody of one or more children while the other parent has custody of the others. Separating siblings is never ideal, so courts prefer not to grant split custody.
What Factors Does the Court Consider?
The best interest of the child is always put first, however, what this means differs based on each situation. If the child is old enough to express a reasonable preference, this will be considered. Other factors include the mental and physical health of the parents, religion, cultural considerations, age and sex of the child, how stable the home environment is, and more.
Child custody is a difficult situation to navigate. If you and your family is in need of a custody attorney in Rockford, Il, contact the Crosby Law Firm today. We offer free consultations, flat fees, and payment plan options for our clients.
