What Divorcing Parents Must Know About Child Care Decisions

If you are the sole breadwinner in your family and are contemplating divorce, you are probably worried that you might have to relinquish quality time with your children.

Your partner who is a stay-at-home parent is likely to make a strong case that they should be awarded the lion’s share of parenting time.

But should you surrender?

“Absolutely not”, says one of the top family lawyers in Largo. “If you can spare time to spend with the children and are willing to make adjustments, you have an equally strong case”.

It is not really about winning a case. A mutually negotiated agreement is a good bet. The partners must focus on how the children can keep both parents in their lives.

Issues surrounding children are often the most sensitive elements in a divorce case. It serves the children best if things are worked out smoothly.

When parents divorce, it is always better if they decide how to allocate parental rights and responsibilities. Otherwise, the judge will do so.

The judge may take a decision based on the type of custody arrangements.

It can be sole legal and sole physical, joint legal and sole physical, or joint legal and joint physical.

Physical custody is of course understood, but we must understand what legal custody is.

Essentially, legal custody involves taking responsibility of children’s lives. Parents need to take decisions on:

·        Schooling

·        Medical care

·        Religion

·        Counseling

·        Housing

In a joint legal custody arrangement, both parents have a legal responsibility to make decisions on the above aspects. “If one of the parents commences taking a proactive role in making decisions without the cooperation from the other in a joint custody arrangement, the offender can be held in contempt of law”, says one of the top family lawyers in Largo.

When the judge decides on reasonable visitation, the court order does not specify each parent’s time with the child.

It is for the parents to mutually agree on the schedule for visits.

The definition of visitation can vary from state to state.

In any child custody case, the judge factors in the child’s unique circumstances when deciding on which type of custody would best serve the child’s interests.

The same standard applies in Maryland.

While deciding child custody in Maryland, the court decides what would be in child’s best interest.

Here are a few considerations that judges factor in while making a decision.

·        The mental and physical fitness of each parent

·        Age, sex, and health of the child

·        Agreements already made by both parents

·        Opportunities each parent can offer to the child

·        Geographical proximity of parental homes

·        The child’s preference, if they are old and mature enough

Can the court reject a custody plan that was jointly decided by both parents?

“Yes, the court can reject it”, says an attorney who has worked on many cases of child custody in Maryland. “Even when parents reach a decision, it is the responsibility of the court to sign orders that are in the best interests of the children”.

“If the court perceives the parents’ decision is unlikely to keep the children safe and protected, it will not sign and enter that order”.