Child Custody During Divorce


by Micheal Stone - Date: 2010-08-24 - Word Count: 496 Share This!

There are many different types of child custody settlements that you should be aware of when you are in the process of a divorce. Some of the different custody arrangements are very similar however if you are not aware of all the options, you may end up on the losing end of the arrangement.

The court system has their preference to what type of child custody arrangement they rule upon with Joint Custody in the lead. Most judges will try and rule Joint Custody because research shows that a child growing up with more than one parent as an active participant in their life usually tends to perform higher. With this bias in mind, if you feel that your partner or significant other is not fit to parent, you will need to prove that opinion in court. The key word being to prove your opinion, until it is proven it remains your opinion and not the judges.

Joint Custody can be broken down into three sub categories of Joint Physical Custody, Joint Legal Custody as well as Joint Custody. Joint Custody includes both Physical and Legal Custody. If you have just Joint Physical Custody then both parents have the right to visit the child, but one parent will have the definite say in all legal matters as well as major decisions for the child until the child reaches the age of 18. If you have Joint Legal Custody, then you both will make the important decisions for the child such as health care issues as well as college bound issues. If you have a total Joint Custody ruling, then all the decisions as well as time spent will be up to the child and parents to decide together.

If you are not awarded any type of Joint Custody, then one parent will have significantly more control over the child opposed to the other parent. Again these are broken down into two categories of Physical as well as legal. Physical meaning the parent who the child will reside with and legal pertaining to the decisions made for a minor. These custody arrangements are usually less favorable for the child unless there is a circumstance where one parent is unfit to be a proper guardian to the child.

One key thing to remember when in the process of divorce and facing a Child Custody Battle is to not try and impress the judge with your financial stability. The judge is not going to make a ruling in your favor simply because you have more money than your significant other. If you either use this as your sole reasoning for custody of the child, or you shower your child with gifts during the early stages of divorce trying to sway your Childs decision, the court will most likely frown upon this attempt. The judge will most likely view your gifts to the child as compensation for lack of parenting. Make sure that you spend time with your child, not money.

Related Tags: joint custody, custody after divorce, child custody after divorce, child custody during divorce, custody arrangemnets, child custody litigation

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