Child Custody

One of the main concerns of couples going through divorce is who will 'take the kids.' There are several factors that will determine this, and it's best to talk to your family law attorney about all the possible options for custody.

In most cases, it is possible for the family law attorney to work with the couple to find a feasible solution for custody, based on which parent was the primary caregiver in the marriage, and which parent is willing to have primary custody of the children. A definite plan should also be agreed upon that will determine which parent will make certain decisions regarding the child, such as where the child will go to school and receive healthcare benefits. Many divorced parents agree that the parent with primary custody will make arrangements for the child to attend school and receive medical care, although the parent the child does not live with should have a say as well.

Some states even allow the child to be an instrumental part of the decision making process concerning which parent receives primary custody. The child can produce a written or verbal statement to the judge, outlining the reasons why he or she would like to live with one parent. While the judge does make the final decision, the child's feelings are taken into consideration, as well as the child's age and level of maturity. The judge will then give a ruling based on the child's best interest.

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