When parents decide to end their relationship, they must implement a child custody arrangement, regardless of whether they were ever married. Since no devoted mom or dad wants to lose out on quality time with their kids, devising such an arrangement can be challenging. However, knowing what to expect along the way can help you reach a favorable agreement without any unnecessary delays. Use the following guide to custody proceedings to get started. 

Common Questions About Child Custody  

Can parents devise their own custody arrangement?

Parents are entitled to devise their own arrangement if both parties are willing to compromise. In order for a judge to sign off on the schedule, the logistics must be in the best interests of the children both in the present and as they grow up. If the parents are unable to agree on such an arrangement, they’ll have to proceed to court. 

How is child custody determined?

If your case ends up before a judge, a number of factors will come into play. The court will consider everything from your involvement in the children’s daily lives to your financial stability and living situation. Logistics will also play a role in the outcome. If the children are of school age, for example, it may make sense for them to stay with the parent who lives closer to school Monday through Friday and with the other parent on the weekends. Regardless of the outcome, both parents will have access to the child’s official records.

How do physical and legal custody differ?

Parents who have physical custody live with their children for some or all of the time. Those who have legal custody, on the other hand, are entitled to make major decisions on their behalf. Examples include choices regarding medical care, religious upbringing, and school enrollment. While you can't have physical custody without legal custody, you can be awarded legal custody even if you are not the primary custodial parent. 

Are mothers automatically awarded custody?

Generally speaking, the courts do not favor mothers over fathers when awarding custody. However, there are exceptions for unwed mothers. If the couple failed to establish paternity before splitting up, the father will have to file a paternity action in court before he’s entitled to visitation or custody.

If you’re facing a child custody battle, contact Coates Frey Tanimoto & Gibson, AAL, LLLC. Located in Honolulu, HI, this firm is backed by more than 35 years of experience in family law. Because they've resolved more than 20,000 cases, you can be sure they’re equipped to handle even the most contentious disputes. To learn more about their experience in child custody, visit their website. Call (808) 524-4854 to request a free initial consultation.