Shared Custody

Many of us have lived through a divorce, either as one of the spouses or as a child. Often divorces are very stressful, and before they can be completed there are a number of issues that need to be resolved. This includes things like division of property and debts. But one of the most sensitive questions to answer in a divorce is the question of child custody.

There are many different ways a child custody agreement can be resolved. With sole custody, only one parent has custody of the child, although the other may have visitation rights. Ordinarily, unless there is a reason one of the spouses is unfit to care for a child, many courts and legal experts discourage sole custody agreements. Instead, they favor shared custody.

In shared custody agreements, both parents take care of the child. Often the child’s time will be divided between the two parents. Sometimes both parents have equal shares of the child’s time, sometimes one person has more. Regardless of the ratio, both parents have the legal right to have the child with them, both have access to the child’s school and medical records, and both can make legal decisions as a parent.

If you and your spouse, and/or the court, decide a shared parenting arrangement is in the best interests of the child, you may draw up a shared parenting plan. This will have stipulations like how much time each parent gets with the children and can establish a schedule. If a plan cannot be agreed upon, a judge can impose a schedule, ordinarily defaulting to splitting the time 50/50.

Shared parenting is often considered to be the best plan for the wellbeing of children, since it shows them that both parents are still actively involved in their lives. It also allows for the financial and personal burden of childcare to be split between the two parents, which can be desirable for many. But sole parenting can be the best option in situations where one parent is irresponsible or has personal difficulties that might make him or her unfit to be a part-time parent.

Contact Us

Although custody issues are very often stressful, finding the right custody plan for you does not need to be difficult. With the help of an experienced divorce lawyer, you and your spouse can make more informed decisions and find a custody plan that is in the best interests of the child. To speak to the skilled Oceanside divorce lawyers, contact the law offices of Fischer & Van Thiel, LLP today at 760-722-7646.