Perhaps there was a time when you could hear nothing but the giggles and laughs of your household. It was a period when love, understanding, and happiness filled every corner of your home. But then things started to change; instead of laughter, sadness might be the more dominant feeling around the house. Instead of smiles, tears are coming down from the cheeks of family members. If you think that you’d be better off as separate individuals once more, then perhaps you’re already thinking of a divorce.
There’s one thing that does go into the mind of every parent undergoing a divorce trial, and that’s who gets to take custody of their child or children. If you’re currently going through a divorce, and you have children that are below the age of 18, then child custody will become a controversial concern during the process. The first thing to do is to realize that even though you’re undergoing a difficult point in your life, you’re not going to be alone. There are divorce and child custody lawyers in Lake Bluff that can help you out in this time of need. Read on to know about the different types of child custody arrangements that you can avail.
When your children live with you after a divorce trial, then this is known as physical custody. Only one parent may hold the right, and this is known as a sole physical custody arrangement. However, there are cases when both parents still want to take custody of their kids. If both parties are in agreement to the terms, then it will become a joint physical custody arrangement.
Joint Physical Custody Arrangement
For the most part, many courts tend to prefer awarding a joint physical custody arrangement to guarantee safety, security, and communication of the children to both their parents. There are some states in the US wherein this understanding is the default resolution. However, it may require one disagreeing parent to prove why their offspring shouldn’t spend time with both parents. In this form of custodial arrangement, both parents require sharing time with their children. Also, a 50-50 split isn’t a requirement in this regard. Courts may impose upon a schedule, and it can include alternating weeks or months. There are even certain arrangements wherein the children will visit one parent only during the holidays.
Sole Physical Custody Arrangement
The children of the divorced parents will permanently stay with the custodial parent when under a sole physical custody arrangement. In this understanding, the non-custodial parent can still regularly visit the kids, but only under scheduled visitation rights. There are certain advantages to having this arrangement. For one, the children no longer have to deal with constant moving practices during set intervals. Logistically speaking, staying in one place is less stressful for both all parties.
The Rights of the Non-Custodial Parent During Visits
When under a sole physical custody arrangement, both the custodial and noncustodial parent should always follow the visitation schedule arranged for them by a ruling court. The non-custodial parent can never take the children away from the custodial parent (even for trips to the mall) without proper consent. Otherwise, there will be severe legal consequences. There are, however, some scenarios wherein the custodial parents can legally refuse the non-custodial parent for a visit. It can happen when the custodial parent fears that physical or psychological harm may be brought upon the children.
Regardless of what the nature of the divorce might be, it should always be in your best interest to consult an attorney specialized in divorces and child custody before moving forward with any plan.