Child custody issues are among the most complex and difficult issues to be resolved in any family law case. There are different child custody arrangements available and often both parents will agree to a child custody arrangement which permits them to avoid appearing at a court hearing to have the Court determine custodial arrangements. Agreed-upon custody arrangements will be documented and approved by the Court to generate formal and enforceable court orders which are binding the parents unless and until there is a modification of such a custody arrangement.
Parents can seek sole physical custody to one parent with visitation to the other or joint custody with varying degrees of time to each parent depending on their circumstances. If parents cannot agree to a custody arrangement, the court will decide the custody arrangement for the child or children. The Court will attempt to make a ruling as to what arrangement is within the “best interests of the child.”
Parents must also decide whether decision making regarding material issues impacting the child(ren)’s health, education and welfare shall be joint or sole to one parent. This is called “legal custody” and the preference by the Court is for joint decision making.
The Law Offices of Matthew Smurda will assist and guide its clients through the most difficult and challenging of child custody issues.