If you are going through divorce proceedings and you and your spouse share children, it’s natural to be worried about the pending child custody battle. Family law is complicated, but you can secure the most favorable outcome possible with the help of a seasoned lawyer. To discuss your situation with a divorce attorney in Hilo, HI, turn to the Law Offices of Brian J. De Lima. Below, their legal team answers a few of the most frequently asked questions regarding custody proceedings.

4 Child Custody FAQs

1. What Is Legal Custody?

Legal custody refers to the right to make decisions for your children; however, family courts in Hawaii do not typically use this term when awarding custody. Instead, judges award physical custody to one or both parents. If only one parent gets physical custody, the other parent has visitation rights.

2. When Can My Children Decide Where They Want to Live?

When your children turn 18, they can live with whomever they wish. Otherwise, physical custody is up to the court. If your child is older, the judge may take their preferences into account, but kids do not get to make the final decision.

3. What Factors Determine Custody?

Family law judges consider a variety of factors when determining custody and visitation arrangements. In addition to the quality of your relationship with your children, factors include your current and past mental health, your ability to provide financially, and your ability to actively engage in your children’s academic and extracurricular endeavors.  

4. Can We Devise Our Own Custody Arrangement?

If you and your spouse can agree on a reasonable arrangement that takes into account the best interests of your children, the judge will likely sign off on it. However, if there is a dispute, the final arrangement is up to the courts, and you will not be able to change it without applying for a modified arrangement sometime in the future.

If you are in the middle of a combative custody battle, turn to the Law Offices of Brian J. De Lima in Hilo, HI, for valuable legal counsel. To schedule an initial consultation with a child custody attorney, call (808) 969-7707, and check out Google+ for updates from their firm.