February 24, 2022

Having a fair and civil child custody agreement is often the biggest concern parents have when filing for divorce. Negotiating the legal and financial world of joint custody and child support can be overwhelming and emotional. Parents want the best for their children and certainly do not want them to be hurt by a divorce. Understanding the process can help many parents navigate a joint custody agreement.

What is Joint Custody?

There are actually several “custody” factors to consider: legal custody, physical custody, and parenting time. All will need to be considered when filing for divorce.

• Legal Custody

Legal custody is something that all parents should strive for. Without joint legal custody, one parent will be left out of all the decisions, including medical, healthcare, and religious decisions. A parent without legal custody will not be considered the legal guardian at the hospital, and will not be able to get any official say in any decisions. Most states have a presumption that you will want joint legal custody, but you still need to negotiate for it.

• Physical Custody

Physical custody refers to who the child will live with. In the past, it was assumed that a stay-at-home mom would retain physical custody, but that is no longer the assumption. Often, the children will benefit from each parent having a portion of physical custody.

• Parenting Time

Parenting time can often go hand in hand with physical custody, but will allot each parent a portion of parenting time in the child custody agreement.

Developing a Child Custody Agreement

Custody and child support can be very emotional. No parent wants to see their child suffer the consequences of divorce, but neither also wants to allow their ex-spouse to take advantage of the system. The best way to determine and develop a child custody agreement is to meet with a third party who can take the emotions out of the negotiation and focus on the best plan for the children. A good lawyer, mediator, or even a guardian ad litem (appointed by the court if necessary) can be there to represent the interests of the children and ensure that the child custody agreement allows both parents to be involved in their children’s lives.

How Child Custody Impacts Child Support

Child support is there to make sure that both parents are financially responsible for their children and their needs. Things can get complicated, especially when parents have vastly different income levels or one parent holds the majority of physical custody. In most cases, the judge will look at the parents’ incomes, parenting time, and the cost of maintaining the child’s needs, and determine the child support responsibilities of both parents. In general, more parenting time or a greater amount of joint physical custody requires the spouse with less time to provide more financial support, but this isn’t the case every time. The judge will look at all the factors at play and determine a fair agreement for both child custody and child support.

Having an experienced family law attorney to guide you through the process can save you time and frustration. They can represent you without emotion, prepare you for what to expect, and help advise you on how to prepare your children for the child custody process. If you’re going through a divorce and have questions about child support, child custody, or any other questions about filing for divorce, contact my office today.