Can I Fight for Custody in Divorce?

When a married couple with children decides to split up, one decision they need to make is whether they have the resources to fight for custody in divorce. The divorce process is emotionally, mentally, and financially difficult. In addition to dividing assets, parents must make childcare decisions. When both parents want custody of their children, differences may arise regarding the form that this custody takes. It may come down to the parents fighting for child custody during divorce. Getting the child custody help and advice you need has never been easier- contact us immediately and we will put you in touch with an experienced divorce attorney right away!

Our Team Helps You Fight For Custody in Divorce

While many courts now award joint custody in divorce cases, this was not always true. In previous decades, fathers had to fight for custody of their children. The ability of a father to win sole custody in divorce was almost unheard of during those times. Though it is still relatively rare, it can be done with assistance from an experienced family law attorney so that you can rest assured you are getting the best child custody help and advice possible. Father’s rights have expanded, and in many instances, father’s are able to fight for custody in divorce and win. The key to any custody case is presenting a solid argument regarding parenting skills and abilities – this is how you fight for custody in divorce!

A parent who is unhappy with custody discussions should get child custody help from a specialized family law attorney. Client and lawyer will then work together to prepare a case for physical or, in some states, legal custody. Physical custody is the right to have the child live in the same home. Legal custody is the authority to make decisions regarding the upbringing, education, and health of the child. Parents may fight for joint or sole physical or legal custody.

Is Joint Physical Child Custody Possible?

It is possible, in some instances, to fight for custody during divorce and request joint physical custody. If parents plan to reside near each other, joint physical custody may be awarded. The court will take into account whether this will cause a disruption in the child’s life, and an experienced lawyer will know whether it is worth the fight for custody in divorce with a particular judge. If they will live far apart, the court usually grants sole physical custody to one parent. In many states, this parent, where the child will reside on a full-time basis, is called the “residential parent” or the “custodial parent.” This means that the child will live with this parent most of the time and the other parent will receive limited custody or visitation. This prevents the child from experiencing an unsettled life created by constantly traveling between parents.

When one parent is awarded sole legal custody, that adult will have the authority to determine which school the child attends, the type of medical care the child receives, and the type of religion that will be practiced. If parents receive joint legal custody, they must make these decisions jointly, which requires them to cooperate. If one parent makes unilateral decisions, the other may request legal enforcement of the court order for joint legal custody.

Experienced Attorneys Fight for Custody in Divorce for You!

Though each parent may agree to particular custody arrangements when divorcing, one or both may change their feelings over time. If this happens, a family law attorney can help the dissenting parent present the issue to the court in an attempt to alter the custody arrangement. A custody fight during divorce proceedings or afterward can be prevented by retaining legal counsel. But in many instances, getting the right child custody advice and help from an experienced family law attorney will help you win your case! Speak to an experienced attorney today for free!