New York 9/1/2012 3:31:55 AM
News / Law

I’m Getting Divorced, What Should I know About Child Custody

Over half of the marriages in this country will end in divorce, which is a stressful and emotional time and when they have children, their divorce will become even more complicated when child custody issues arise.

While some parents, even amid a contentious divorce, can resolve their custody issue through compromise with little assistance from a third party such as a judge or divorce lawyer, there are an equal number if not more couples who cannot come to a mutual agreement.

There are few child custody arrangements a couple may enter into and is important that the best interest of the child is the determining factor for any arrangement. The arrangements vary but joint custody and sole physical custody are the typical arrangements.

Joint custody is the most common of custody arrangements and gives both parents the right to make decisions about their child’s upbringing. Both parents get time with their children and must work on making their own schedule. Issues over who gets custody for key holidays and other important life events can be problematic but a judge can address the problem if couples cannot reach an agreement.

Sole custody means that only one parent can make the crucial decisions about the child’s upbringing. This custody arrangement is generally awarded when one parent is deemed unfit to care for the child and courts don’t hesitate to grant sole custody.

The exact custody arrangement depends on the circumstances in each case, but judges will always make their decision with the best interest of the child in mind.  Judges take into consideration the requesting spouse’s financial situation and their relationship to the child.