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Custody arrangement important when couples with kids splits

Posted by Thomas Pettinicchi of D'Amico & Pettinicchi, LLC on Oct 23, 2014 in Child Custody

When children are the product of a relationship between a couple, if the relationship ends who the children will live with following the split, is often one of the most contentious issues. This is true regardless of whether the couple was ever married. Since most parents are interested in being active participants in the lives of their children, it is not surprising that individuals would seek the assistance of a family law attorney to work through this process.

There are two types of custody that need to be determined when a couple splits. The first is legal custody. Legal custody has to do with who makes what most consider to be important decisions about the child's life, including:

  • Education.
  • Medical care.
  • Religious upbringing.

It is common for parents to share joint legal custody.

The second type of custody that needs to be determined is physical custody. This custody matter concerns where a child will live. How this will be determined depends on each couple. While designating a custodial parent with whom the child will live is a common approach, in some cases couples are able to divide the time children spend with parents, almost equally. In situations where a custodial parent is designated, the other parent will still have time with the children, either based on a set schedule, or via a flexible access arrangement.

In virtually all matters concerning children the best interest of any children involved is what is most important.

While there are some situations where parents can work together to determine custody matters, this is not always the case. Regardless of the nature of the proceeding, it is important for parents to make sure their desires are being heard and when possible attended to. Accordingly, most find it beneficial to work with a lawyer who handles family law matters. For more information on this please see the page regarding child custody on our website.