Putting Your Child’s Needs First
Child custody and visitation are some of the most important issues that need to be resolved during the divorce process. They can also prove to be the most difficult. Choosing the path of mediation is the first step towards a healthy outcome and leaves the agreement up to the parents. If no agreement can be reached through mediation, the choices will be made by a Family Court judge. At the Linda Passey Law Offices, we can help you understand the many options involving legal and physical custody of your children and outline a parenting plan that works best for everyone involved.
Understanding Physical vs. Legal Custody
Legal Custody defines who has the right to make important decisions for your children, such as those regarding religious affiliation, educational programs, healthcare treatment, and overall welfare. Physical Custody specifies who the child lives with. Depending on the situation, a parent may be awarded sole custody or joint custody. If sole custody is given, visitation rights can be agreed upon between both parents.
If custody is left to a court’s decision, the judge takes a look at a variety of factors to determine what is in a child’s best interest. These factors can include: a parent’s ability to maintain a stable environment; the mental, moral, and physical health of the parent; the child’s preference; and other factors. Prior domestic violence situations and a parent’s legal record can also be taken into consideration. We will work hard to protect the best interests of your child while advocating for your rights as a parent.