Parting Ways? Three Guardianship Options

If you decide to separate with your spouse legally, one of the issues you have to resolve before parting ways is custody arrangements for your kids. Of course, you can decide to settle on a favourable agreement outside court. 

However, if it is not possible for separating partners to resolve the issue, the court has to intervene to ensure a fair custody schedule the both of you must adhere to. When this happens, it is advisable to seek family law advice to help you make an informed decision when choosing any of the following arrangements.

Legal Custody

If you choose this arrangement, you will be granted full rights to decide what's best for your kids without consulting your partner. Therefore, you can determine the school to take them to, where they will seek medical attention and religion without necessarily consulting your former spouse. 

That said, it is not every day that a judge rules in your favour over your partner when it comes to legal custody. In most cases, judges award a joint arrangement to permit both parents equal rights when making decisions that affect their kids.

Physical Custody

If you are not aware, choosing this arrangement does not necessarily mean total responsibility for your kids. In most cases, one parent will be living with the kids with your partner visiting them regularly.

The judge will take time to evaluate the basics of the case to determine who is more fit to spend more time with the kids. Should they realise that a child requires equal time with each parent, they will award joint physical custody. So, in this case, both of you will get equal time with your kids.

Sole Custody

In this arrangement, the court will give one parent the right to make key decisions regarding the kids or allow one of you more time with the children. That said, the court ensures that the ruling gives the parent without physical custody enough time with the kids and the right to participate in their day-to-day activities. It is advisable that you adequately discuss with your family lawyer regarding sole custodianship so that you will have a strong case that will convince the judge to rule in your favour.

Custody issues can be very complicated because the laws that regulate the process differ in various and states. Hiring a professional family lawyer to guide you through your child custody case is necessary if you desire to spend maximum time with your kids. Reputable solicitors understand how child custody laws work and how they can affect your family in the future.


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