MARRIAGE AND FAMILY LAW
CHILD CUSTODY AND VISITATION
I fully understand that caring for your child is your top priority as a parent. It is highly emotional. However, you should protect children from litigation.
The best option is to design a custody agreement that fits your family’s specific details. A court still needs to review and approve it.
If you cannot agree, the court will decide for you. This includes gathering evidence and taking witness statements. The significant disadvantage may be that you will be granted minimal visitation rights. Thus, you may ultimately see your child far less than you want. Additionally, you may be forced to stick to a custody plan that does not work for either party. My advice to you: Negotiate out a parenting plan.
Best Interests of the Child
Parting ways is a new stage in life for all involved. A parent-child relationship is a close bond and it continues after separation. The best interests of the child entails looking at any custody arrangement through the child’s eyes. Kids will have two homes, not just one. They thrive most when loved and cared for by both parents.
Parents involved in custody disputes often fall into the trap of focusing on their interests and what suits them. Even if your husband may be betraying you and have played a lesser role looking after the children during the marriage, this does not mean he is unable to care for the kids now. The same is true for the husband who believes his wife is not a suitable mother due to her being too irrational or unstable. Here again, she surely can be the most stable and loving mother for her children.
Thus, children need love from everyone, mother, father, grandparents. Regarding custody, parenting time and visitation rights, it is basically all about the best interests of the children.
Shared Parenting
A shared parenting arrangement applies if the child lives with each parent (approximately) equally of the time. Both parents must be able to cooperate and provide care. They need to live nearby and provide the kids with suitable accommodation. Both parents have the authority to make major decisions relating to the child. Both parents share equal responsibility for childcare.
If you are aiming for shared parenting, it is always better to do it from the beginning and at the time of separation. Otherwise, you risk an objecting mother who believes that the child’s routine should not be impaired.
Shared parenting affects child support payments. Thus, child support may be determined by way of an “income-set off”.
Sole Custody or Primary Residence of the Child and Visitation Rights
In a primary residence arrangement, the infant stays with one parent most of the time. The other parent has parenting time every other weekend or a few days a month, except when the contact with the parent is considered unhealthy or unsafe. – As a general rule, both parents still decide together about schooling, religion, medical care.
The primary caregiver is entitled to make day-to-day decisions that concern the child and has a duty to inform the parent about important matters.