Divorce and Child Custody – Everything You Need to Know

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There can be various circumstances that drive a married couple apart or want to look at separation. During the divorce settlement, one of the main problems that the couples face is the custody of their children. All parents love their children, and it is very hard to stay away from them. It can lead to serious emotional problems and depression.

Are you seeking custody of your child?

If you are going to seek a divorce, and are worried about the custody of your child (children), then the only person who can help you here is a family lawyer who specializes in divorce cases.

If you need a Chicago divorce lawyer with excellent credentials and track record, you can get in touch with Michael C. Craven. Over the years of practice, he has been helping his clients get good deals on divorces and settlements.

He is one of the best divorce lawyers in Chicago and is well-known for his experience in divorce cases. He is also a certified public account and tax lawyer. He can efficiently help you navigate the financial and emotional complexities of divorce. People trust him because he gives complete support throughout the proceedings of your child custody case.

About child custody

Before entering into such cases, first of all, it is very necessary to know the rules and rights associated with such cases of child custody after divorce. Child custody proceedings are very complicated, so let’s have a brief discussion about the topic in this post. There are 5 types of custody agreements and they are as follows –

  1. Sole Physical custody – Under such custody, children can stay with you. You get the right to let the child live with you. In some rare cases, courts might conclude that both parents are unfit for giving proper care to the child. There are various factors to be considered while granting the physical custody of the child. They are:
  • Whether the parent has the resources and support to take good care of the child.
  • Even the decision from children will be considered by the court if they are mature or old enough to know about what is best for them.
  • The said parent has historically been the primary caretaker of the child (children).
  1. Joint physical custody – Joint physical custody allows both parents to keep the child with them, but periodically. However, it does not mean equal custody. The child permanently stays with the custodial parent and can visit or stay with the non-custodial parent for some time, like for a vacation.

However, there are some rules under this custody law that both the parents have to follow. For example, the custodial parent can deny the scheduled visit of the child under a circumstance like a child is sick. It also allows the grandparents or the foster parents to maintain a normal relationship with the child.

  1. Sole Legal custody – Under sole legal custody, one of the parents gets the all-legal rights to make the decisions of the child. That parent will have a final say on matters like education, health, and all welfare plans. This is generally done when one of the parents is unavailable or unable to make the right decision. However, they still have the right to a scheduled visit to their child.
  2. Joint legal custody – Joint legal custody allows or permits both the parents of the child to make the decision together for the education, health, and more for the child. They share equal rights for decision-making. For this settlement, good communication between the parents is mostly prioritized by the family court.
  3. Non-Parental custody – This custody allows the non-parental guardian of the child to take care of the child. This is generally ruled when both the parents are not able to handle the complete custody of the child, mentally or physically. Here the close relative such as grandparents gets custody.

Primary Things That the Court Considers For Granting Child Custody

  • The financial stability and continuity of the parent for the education, good health, family life, and social life of their children. Money and resources are the most essential need for the secure and good future of the child.
  • Availability of long-term life insurance policies.
  • Distance or proximity of the residences of the spouses to the school.
  • The mental and physical condition of both the contesting parties. If any of the spouses is mentally and physically unbalanced to take care of the child, the other party will generally get However, some of the differently-abled people can also take good care of the child and will have the chance of getting custody.
  • Allegations and actual instances of neglect or abuse, or even domestic violence. The court takes this aspect as the major factor if any of the contesting parties is alleged with the complaint of neglect and abuse. He or she will mostly end up losing custody.
  • Relationship level or closeness of the said child with each of the parents individually. Here the parent with a stronger or closer relationship with the child is preferred for the custody.
  • The ability of each parental party to provide the child with a safe and secure environment.
  • The age and number of children are also considered during awarding of custody.

How a family lawyer can help you

A family lawyer can help you deal with different aspects of family crises legally.

Have a look over things that a good family lawyer can help you through:

  • In divorce cases
  • Pre-nuptial and post-nuptial documents
  • Spousal financial support
  • Child custody agreements
  • Child support obligations
  • Cases of child abuse and neglect
  • Adoption and family law

Conclusion

We hope that you are now aware of the situations that you have to go through during and after the divorce, to get child custody. Such a situation can be easily handled or managed with the help of an experienced divorce lawyer.

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