Law Offices of Lynda Latta

Joint custody

Joint custody is an arrangement made between divorcing parents as to who has decision-making authority of the minor children. It is not necessarily 50:50 time-sharing with the children. This type of custody provides for both parents to continue supporting and caring for their children. Joint custody can mean legal custody, physical custody or both. It will also be necessary to decide what arrangement is best concerning holidays. Should they alternate? School vacations may also be an issue. A well thought out joint custody agreement can make the best of a bad situation by limiting the amount of disruption the children must suffer in the divorce.

Parental Visitation/Grandparents Rights

Parental visitation is often a tough element to negotiate in a divorce. Sometimes, both parents feel they are the better parent and deserve to be with their children more than the other. Even though these feelings may or may not be true, the key thing each parent must keep in mind is that the children usually expect to see both parents. But if there is disagreement, the court may decide the fate of the child. The judge may take into account the age and sex of the child, the child's preference, the continuity of the environment, the ability of each parent to provide for the physical and emotional needs of the child and the physical and mental condition of the parent. As circumstances change, the visitation agreement may be changed.

Child's Change in Residence/Relocation

The main concern of the judicial system, when it comes to child custody, is the welfare of the child. Changing residences is generally considered stressful for a child. If the move takes them from their friends, family and community ties, it may trigger a custody battle. If the parent remaining in the community wishes the child to stay and that parent is a fit parent, they may be able to change the custody arrangements. A move across town will probably not be enough to challenge custody, unless some form of detriment can be shown. If the child wishes to stay with the other parent instead of moving, the court may examine the child's request. All aspects of each environment may be examined.