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Of all the emotionally charged issues a divorce entails, few are as fraught or meaningful as child custody disputes. While reaching an agreement between the parents is always best, you may have no choice but to let a family law court decide for you if the relationship is contentious. Below are a few things divorcing parents should know about child custody orders.

A Brief Guide to Child Custody

Types of Child Custody

When most people refer to custody, they’re thinking of where the child will actually live, which is known as physical custody. Whenever possible, courts try to preserve relationships with both parents, so most prefer to order shared custody agreements.

However, if the court determines it’s in the child’s best interests, they may order sole physical custody, in which the child lives exclusively with one parent while the other may have visitation rights.

family lawLegal custody, on the other hand, relates to a parent’s right to participate in important decisions regarding their children, including what medical care they’ll receive, where they’ll go to school, and their religious upbringing. In most cases, noncustodial parents will still be granted legal custody unless the court rules that they’re unfit.

How Child Custody Is Decided

Family law requires courts to base custody decisions on the best interests of the children, not the parents. To make this determination, the judge will weigh a variety of factors, including each parent’s living situation, physical and mental health, or past allegations of abuse.

The strength of a child’s relationships with each parent, siblings, and friends may also influence the judge’s decision. Because so many elements can affect these rulings, however, it’s always wisest to have a family law attorney argue your case in court.

 

If you’re involved in a child custody dispute, The Law Office of Jeffrey A. Robertson, P.C. will fight to protect your rights and those of your family. The family law attorney has been serving parents throughout Missouri’s Warren, Lincoln, and Montgomery counties since 1986, establishing an impressive track record in even the most difficult cases. Visit the firm’s website for more on family law services or call (636) 528-5220 to speak with an attorney today.

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