THE BATTLE FOR YOUR CHILDREN
Divorce and separations are expensive, stressful, and emotionally taxing on everyone. The stakes are raised whenever children are thrown into the mix. This is where a majority of the time and expenses are incurred, when the parties are fighting for every possible second they can get with their child(ren). One thing that can alleviate some of these stressors and expenses is to develop an understanding as to exactly what options they have when this arduous process begins.
In actions for divorce and/or legal separation, custody of a minor child can be awarded to the party(ies) as either sole custody to one parent, joint custody, or split custody. This awarded custody can be legal and/or physical. It is important to note that legal custody is the power to make important decisions such as education, religion, and medical care. Physical custody is the physical care and control of the child(ren).
Sole custody is where one party is awarded both legal and physical custody, and the noncustodial parent is typically awarded visitation (liberal or restrictive depending on the circumstances). Whereas, joint custody involves the parents sharing of some or all of the aspects of legal custody and/or physical custody. Split custody refers to an award of custody of one or more children to each parent. The court’s paramount consideration when awarding custody of a child is the best interest of the child(ren). The court will consider numerous factors including the mental and physical welfare of the child before making its decision.
If, after a divorce decree has been filed, a party wants to change the current custody situation in their life, they are able to do so by filing for a modification the divorce decree. In order to modify the decree, they must prove that there is either newly discovered facts from which the judge made his original decision or there is a material change of circumstances which negatively affects the child and modifying the decree will serve the child’s best interest. For a material change, the party seeking change must show that a substantial change in conditions exists which affects the child’s best interests as well as the mental and physical welfare of the child would be better off if custody is changed.
This is only a brief glimpse into this vast, and potentially complex area of law. If you would like to obtain legal advice which pertains to your specific circumstances, please contact Cook and Hilfiger at 918-683-4445 or visit our website at https://www.cookhilfiger.com/