Child custody is often decided during a divorce case, but it can be done after the initial divorce is finalized. There are two types of custody agreements:
- Physical custody – this refers to the amount of time a parent is allowed to spend with the child. Normally this is known as sole, primary, or joint custody.
- Legal custody – this refers to a parent’s decision-making rights about your child’s health, education, and welfare. Legal custody can also be defined as sole, primary, or joint custody.
In the majority of cases, the Court will designate one parent as the primary physical custodian and the other parent will have temporary custody and visitation. The Court will make a decision based upon the child’s wishes, each parent’s nurturing role, and other circumstances related to the parties going into the custody arraignment.
Child Custody Objective
What is the most difficult part of a child custody case? Parents normally have hang-ups about the amount of time the other party should be allowed to see their children. Should you file for primary-custody, 50-50 custody, or temporary custody? In most cases, the child will live primarily with one parents and will spend routine time at the other parents.
What is Legal Custody?
Legal custody gives parents the legal rights to make decisions for their minor children related to health and education. Both parents typically retain legal custody, unless there are serious issues or a string of poor judgement by one party.
Physical custody is one of the most difficult moments during a divorce process. Both parties feel compelled to fight hard for their ability to spend time with their children. The decision will normally limit one parent from being able to spend time with their children. The party that receives physical custody is one that will normally receive child support.
What Determines Custody
If you are dealing with a child custody case, it is important to know everything you can about custody cases before you move forward with it. There are several common sense factors that are used to determine the outcome of your child custody case including:
- Historical picture examining the parent’s roles in nurturing the child over their life.
- The prospective parent’s situations going into the future.
- The statutes related to the behavioral traits of both parties.
- The preference of the child.
Our Custody Strategy
The custody strategy is determine based on the above situations and your interests. We often help fathers that have been unable to receive sole custody, or parents that are trying to obtain more visitation with their child. Throughout the divorce process, we urge you to be mindful of your behavior as the court will evaluate your behavior in its entirety.
Contact our Denver family law firm to discuss your child custody case and move forward with your best interests and the best interests of your child and their future.