The issues that come up during divorce proceedings are often times complex in nature. To add to this point, depending on the party, each one will have it’s own set of unique considerations to keep in mind as they work their way through the pitfalls of the legal process. An article written by Claire Gillespie of Yahoo Finance specifically addressed some of the issues that mothers face when dealing with a divorce. One of the first topics mentioned in the article is custody. There are two aspects of custody, physical and legal. Essentially, Physical custody refers to where the children are actually living. For instance, if the the children are living with father then he currently has physical custody. Legal custody, on the other hand, refers to right to make important decisions about matters such as education, health care and travel, just to name a few. Any decision made by the Court as to which parent will have physical or legal custody or both will be governed by what is in the best interest of the child. Physical custody will come down to factors such as:
- comfort of the residence
- proximity to school and friends
Factors that are used to determine legal custody are centered on which parent can be trusted to make the best decisions for the child. Sometimes when both parents are able to demonstrate those qualities to the Court joint legal and physical custody may be granted.
A divorce can be one of the most adversarial situations that a person may deal with in their lifetime. When one party feels as though they have been wronged, either because of infidelity or abusiveness, it can be difficult to put that aside and come to an agreement on these very serious issues. However, this is an important effort to undertake because Courts will look at the relationship between the parents when deciding these issues. To that end, if there is evidence of a parent’s intentional alienation from the other parent, refusal to communicate or interference with the other parent’s timeshare the Court may penalize the violating parent by awarding custody to the other.
The Faucette Law Firm specializes in cases involving contested and uncontested divorce, child support, child custody, spousal support, adoptions and modifications. We have an experienced staff that can guide you through any family law or divorce related issue. Contact our law firm today for a consultation.