Blogging Heros
While the divorce rate in the US is at its lowest in around 40 years, that still leaves many families broken. It’s not just a challenge for parents. Children often get caught up in the process as their parents fight over child custody.
The process can become especially acrimonious in cases where one of the parents had an affair. While these situations are unfortunately commonplace, it doesn’t mean that either parent will willingly give up primary custody of the children.
For the parents, the biggest question often boils down to how to get custody of a child. If that’s your situation, keep reading for a look at how to get custody and what you need to prepare.
Types of Child Custody
The first thing for those in the process of divorce to consider is the different child custody options. While there are a number of different potential arrangements, they typically boil down to a few key categories.
Physical Custody
Physical custody typically refers to where the child will live most or all of the time. It’s routine for one parent to maintain physical custody for the bulk of the year. For example, the mother may get physical custody for the school year, while breaks and holidays are divided.
Legal Custody
Legal custody typically refers to the rights the parents have over upbringing and care. For example, the parents may share rights over matters of religion, healthcare, and schooling.
Sole Custody
Sole custody occurs when the court grants one parent both physical and legal custody of the child. That empowers one parent to make all meaningful decisions about upbringing and granting full physical custody.
Joint Custody
One of the more common arrangements after divorce is joint custody. This is where the parents share physical and legal custody of child over the course of the year. This allows for options like co-parenting a child.
Getting Custody
Getting custody, as opposed to mere visitation rights, demands more than mere paternity or maternity. From the court’s perspective, the decision is based on the child’s best interests. Best interests can range from educational opportunities to knowledge of medical needs.
Getting custody, even joint custody, means that you must demonstrate that you can provide an adequate home environment. You must also demonstrate that you have a sound working knowledge of your children’s healthcare needs.
Beyond that, you need the ability to balance your work demand with your home life. If you routinely work 60 hours a week, for example, you’ll struggle to show you balance those needs.
How to Get Custody of a Child
There are no rote answers to the question of how to get custody of a child. There are basic expectations from the court, such as an adequate home, a sound understanding of your children’s healthcare needs, and work/life balance.
You must understand that the court may weigh factors differently than you expect. At a minimum, you should seek legal representation in any custody case.
Looking for more tips about legal processes? Check out the posts in our Law category.
