How to get joint custody during divorce – first, read this article! When parents want to spend equal time with their children, they may draft a parenting plan that reflects joint physical custody. This means that the children will reside with each parent the same amount of time. Every child custody case is based on what is in the best interests of the child, so parents should familiarize themselves with the factors that courts consider when making this decision. Our attorney network is experienced in explaining how to get joint custody during divorce – and you can do so by connecting with our team for free!
Joint Custody During Divorce
When deciding on child custody during divorce, a family court reviews the relationship that each parent has with the children and each other. They also investigate which parent served as the primary caregiver during the marriage. In addition, courts inquire about how long the children have lived in a stable environment. A court will strive to maintain a sense of continuity in the lives of the children.
Parents desiring joint custody in divorce should realize that their lives will be investigated. This includes inquiries about parental moral and ethical behavior as well as habits such as drinking, drug use, and promiscuity. The court will also look at the history of the children in terms of home life, school, and involvement in the community where the family lived. This is known as looking into the “best interests of the child.”
If mothers do not agree to share custody, fathers may face a particularly difficult battle getting joint custody. Though state laws prohibit courts from automatically favoring mothers, this sometimes happens unconsciously. Therefore, fathers should be active in the lives of their children and record their involvement in writing with help from an experienced father’s rights attorney. These details will be included in a joint custody petition submitted to the court.
Behavior during the custody case also affects the outcome. Each parent should avoid acting aggressively toward the other and should not exhibit irrational behavior inside or outside of the courtroom. Parents should be on their best behavior if they want courts to grant them joint custody in divorce. This type of shared custody is not common, so they must show the courts that they can co-parent effectively.
Fathers who do not win joint physical custody should still fight for joint legal custody. This allows them to have a say in important childrearing decisions including education, healthcare, and religion. With joint legal custody, a father can prevent a mother from making a unilateral decision that affects the future of the children. A family law attorney provides child custody help that includes explanation, guidance, and preparation of a strong case. Speaking with an experienced family law attorney is your first step to getting the joint custody rights you deserve!