If you are facing a divorce we know that you want what is best for your children.
One of the most common areas for contention and dispute in during a divorce and even at times after the divorce is final is child custody. Resolving the custody of the children in a way that both parties feel is “fair” can be an emotionally charge topic. Many times it is not easily resolved to your satisfaction without having the calmer hand of your attorney to help “keep it calm.”
If parents can’t come to an agreement over custody, the court will often order a mediation program. Mediation is often the most effective method for a couple to come up with a custody agreement that is also less stressful on the children as well. The adversarial process of fighting in court over the children can often lead to adjustment issues for the children. This is something most parents don’t want for their children.
Joint custody is probably one of the most misunderstood aspects of a divorce. Custody is broken down into two separate areas.
Joint Legal Custody– This means that both spouses share responsibility for important decisions regarding the children such as education, medical care, religious affiliation and their general welfare. This can be the case even if the children’s primary residence is with only one of the parents. This is designed to give both parents an equal role in “parenting” and remaining involved in their children’s lives. This works well for cooperative parents who are able to shield their children from constant parental conflict.
Joint Physical Custody– This does not mean that the children spend half the week or month or year at one house and the other half at another. It may well be that the children will have their primary residence at one parent’s home but a schedule for visitation is defined for weekend, holiday and summertime. Parents are allowed to make any physical custody plans they like. The guiding principle should be the continuation of the child-parent relationship and the protection of the children from parental conflict.
AtDaniel A Clark, PLLC, we understand the issues involved in child custody mediation. We also know there is a psychological cost that disputes over guardianship can have on our clients, as well as their children. Our strategy issimple.We handle our clients' divorce case as we would our brother or sister's.
If you are working towards a nurturing strategy or facing the possibility of the courts determining the details of your child custody terms, we're able to give you the information and guidance needed to ensure that yourparental rights and what's in the best interests of your children are protected.
Contact us at(512) 673-3589 or fill out the form on this page for a free consultation.