Custody of children and parenting time are the most emotionally charged issues in divorces that involve children. Litigants must try to avoid the pitfalls of using the children as pawns to get a better settlement or hurt the other party. Only the children will end up hurt. Custody and parenting time related issues should be dealt with independent of the economic issues many litigants can fashion their own custodial arrangements. Others need a little help and can utilize services such as mediation provided by the court free or charge. A small percentage of these matters require heavy attorney involvement and litigation.
The trend is for parties to have joint legal custody and share in all major decisions involve the children’s health, education and welfare. Different types of physical custody arrangements can be made. Shared or joint physical custody is possible but depends on the parties physical proximity to each other, the age of the children, and the involvement of both parents before the litigation.
Frequently asked custody questions:
1. Does shared custody mean equal time for both?
Parties can share physical custody but this does not mean time is always equally split.
2. Do the children’s preferences matter?
The children’s desires are one factor considered in custody. The older the child, the more weight is placed on what their preferences are.
3. How do holidays and special days get dealt with?
Usually on an alternating basis. The Courts have standard schedules that can be used if the parties cannot agree.