If you’re involved in a family law case, the chances are that you have to deal with the issue of child custody. There are different types of custody and how the courts determine visitation rights. You will more than likely have to go through a legal custody hearing.
This can be a very personal subject, and emotions run very high when it comes to the well-being of your children. So it’s vital to have an unbiased expert to help you understand how the court provides rulings. This helps you make the best decisions to move forward healthily and productively for your family.
The Basics of a Custody Hearing
When you’re involved in a custody hearing, the court looks at many factors in deciding the appropriate legal and physical custody order for the minor child. Nine out of ten times, legal custody will be ordered as joint.
Joint custody means neither parent can make unilateral decisions regarding the child’s education, medical, or general welfare. The parents need to agree with these decisions. If they can’t agree, they need to take it to court.
In physical custody, the court looks at one factor – what’s in the child’s best interest?
Many factors come into play in determining the child’s best interest. As far as the court is concerned, they’re only looking after how these factors impact the child. They don’t look at what the parents prefer or what is more convenient for them. They do consider things such as the parent’s work schedule. They take into account each parent’s work schedule, their availability, and how much time they would spend with the minor child. They also look at the child’s schedule, whether they go to school, have extracurricular activities, attend therapy, or attend any sports or regular activities.
The court looks closely at the schedules, parental involvement, and availability when determining physical custody if the parents haven’t reached an amicable agreement before a custody hearing.
Do You Need Legal Help in a Physical Custody Hearing?
If you have specific questions or would like help exploring the best custody agreement for your family dynamic, we’re here to help. Every family is different, and each custody hearing needs to be approached in the best interest of the client and the child(ren) involved.
Mohajer Law Firm, APC specializes in cases just like yours. Contact us today for a free consultation.