Are you in the beginning stages of a child custody proceeding with a divorce or family law case? Undoubtedly, you are concerned about the future of the parent-child relationship and how the custody case will progress through the family court system.
Child custody proceedings usually are, by their very nature, intensely emotional. If the parents are unable to reach an agreement on the pertinent issues, then a bitter custody battle could ensue. Because of the need for custody evaluators, mental health professionals, mediators, parenting coordinators, and others who assist the parties and the court in establishing what is in each child’s best interests, custody litigation is expensive, can take months to resolve, and is draining for the parents.
Frequently, parents prefer to maintain as much control as the law will allow over how their children will be raised after the divorce. They can negotiate a parenting plan by agreement instead of leaving everything for the judge to decide after a custody trial. Typically, the parent hires a family law attorney with extensive child custody experience to help with a custody agreement that, absent objection, the court may approve. Of course, child custody laws and procedures will vary to some degree from one jurisdiction to the next.
Although not an exclusive list, generally the family courts will consider the following important factors:
- What is in the best interests of the child?
- How old is the child? What are the child’s physical condition and general health? Is the child disabled or has special needs?
- How do the parents live? What are their respective lifestyles, social engagements, work requirements, and living arrangements?
- Is one parent the child’s primary caregiver?
- What are the educational needs of the child?
- Are the parents physically, mentally, and emotionally healthy?
- What are the child’s current living arrangements? What will be the impact on the child if living arrangements are changed?
- What are the child’s wishes for custody? (Assuming the child is mature enough to voice a reasoned opinion, usually age 12 or older.)
- Is there any history of domestic violence or child abuse by either parent?
- Does either parent have a drug or alcohol abuse problem?
Avoid Blaming the Other Parent for the Divorce
When one spouse blames the other for the failed marriage, he or she may be tempted to try manipulating the custody proceedings to punish the other parent. (For example, making false accusations of child abuse to prevent the other parent from getting regular visitation.) This is never helpful and can run counter to the child’s best interests. Furthermore, the judge may consider the party’s failure to respect the court proceedings, and the importance of determining what’s best for the children, as a strike against the custody arrangement desired by that parent.
Child Custody Agreements and Parenting Plans
Child custody agreements frequently provide for joint custody wherein both parents share legal decision-making and parenting time.
Although parenting agreements must be approved by the court, for the most part, if the agreement satisfies the legal requirements, is reasonable, and is clearly in the children’s best interests, then the judge may sign the custody orders without objection.
Legal custody and important decision-making over the children’s education, religious upbringing, health care, and so on, are sometimes shared by the parents equally. In other families, one parent may have legal custody while the other has primary physical custody. It is also possible for one parent to have sole legal custody and sole physical custody while the other party enjoys visitation with the children.
Physical custody, or parenting time, is frequently shared as well. In some states, one spouse is designated “primary residential parent” while the other is “alternate residential parent” with visitation time. Hiring a child custody lawyer is the first step to preparing an optimal parenting plan. One that satisfies the state’s legal requirements and is likely to pass judicial muster because it’s in the children’s best interests and respects the other party’s parental rights.
Christa Banfield is a family law and divorce attorney working in Stewart Law Group’s Gilbert office. The firm has helped many clients navigate the legal complexities of divorce, child custody, spousal support, property division, parental visitation, and child relocation disputes.
