DiLorenzo & Rush | Counselors of Law
Stepping Up & Standing Out

Understanding child custody and resolving disputes

On Behalf of | Jul 31, 2024 | Family Law

The love of a child is undeniably the strongest love a parent will have. This is often showcased when parents decide to divorce, as their child is an important part of their life. It is easy to make the case that you care for and love your child; however, that does not mean child custody will automatically be in your favor.

Each family is unique, meaning how child custody and other family law issues are resolved are unique as well. As such, there are various ways to navigate family law matters, making it imperative that you understand your options and rights when it comes to child custody and reaching a resolution.

Types of child custody

Child custody considers how parents will share or not share legal and physical custody of their children. Legal custody refers to the right to make decisions on behalf of the child. This includes decisions such as where the child goes to school, the religion they will follow, medical decisions and other major decisions that impact the child’s upbringing. Physical custody refers to where the child lives.

Custody can also be looked at as sole or joint. In matters where one parent has sole custody, this means they alone have legal and physical custody of their children. The non-custodial parent is often afforded visitation rights, often referred to as parenting time. This arrangement is likely to result when the non-custodial parent is determined to be less fit or when a parent makes the choice to be less involved.

Today, most child custody arrangements are joint custody. This means that both parents have joint legal custody; however, this doesn’t automatically mean equal physical custody of the child. It could still be more suitable for the child to live primarily with one parent, resulting in less parenting time but the same legal custody of the children.

Resolving child custody disputes

What you want as a parent may not always be the best child custody arrangement for your child or the current situation. As such, it may be beneficial to negotiate or mediate a resolution. If child custody disputes persist, litigation may be necessary.

While reaching a mutual agreement with your co-parent is the most ideal, it is not always feasible. Thus, it is important that you understand your rights as a parent and what legal options you have when it comes to divorce and family law issues.