What Parents Should Know Before Starting a Child Custody Case

After a relationship breakdown, deciding who should have custody is no light matter. Before calling your local Atlanta child custody attorney, you, as a parent, need to be fully aware of what starting a child custody case entails. From the different custody arrangements available to alternative routes outside of court. Each case is unique, and together you need to find the solution that puts your child’s best interests at heart

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What is Child Custody?

Child custody isn’t as clear-cut as it may seem. It refers to the relationship between a parent or guardian and a child. It’s not just about who the child lives with on a day-to-day basis, but also who makes decisions about their care.

The Different Types of Child Custody

Just like family structures and dynamics vary, there is not just one type of child custody. Let’s explore some of the different types.

Sole custody

In some cases, one parent or guardian will demand sole custody of the child. This means that the child permanently lives with them, and that parent has sole control over the important decisions in the child’s life.

Often, sole custody is granted in cases where the child may be in danger if they were to live with the other parent or guardian. For example, if domestic violence were an issue in the household. However, in non-threatening circumstances where sole custody is agreed upon, the other parent or guardian may be given set visitation times.

Joint custody

The opposite of sole custody is joint custody. Here, the child is shared between the two parents, spending equal time living with each. Similarly, the decisions are agreed upon together, rather than one parent or guardian making major life choices on behalf of the child.

Legal custody

A parent or both may be granted legal custody. This refers to the practice of deciding what’s best for your child. Religion, education, and medical care come under this category. Therefore, a parent with legal custody can decide for the child which religion to practice, medical care to receive, and where they will go to school.

Physical custody

Basically, physical custody is where the child will live. If a parent or guardian has sole physical custody, this means that the child resides with them and no one else. On the other hand, if physical custody is shared, then the child spends time living with both parents.

Mediation vs. Taking a Case to Court

Going forward with a child custody case can be a stressful time for all involved. However, there is another way before taking this step. Mediation may be a less traumatic alternative where parents or guardians are invited to sit down and discuss their feelings about the situation. With successful mediation, a parenting agreement may be reached without even entering the courtroom.

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When Might a Child Custody Court Case be Necessary?

However, in some circumstances, mediation is not an option, and the case has to go to court. If there are doubts about the child’s welfare or safety with one of the parents, then the matter will be for the courts to decide. 

In instances where the parents are now living far apart or relocation to another state or country is on the cards, mediation may not be possible. Then there are situations where the original child custody order needs to be revised. This is another example where the case will go to court.

How the Courts Decide Custody

First and foremost, child custody outcomes should always have the child’s best interests at heart. Whatever the parents say, the court will determine where a child will be safe, will flourish, and grow into a healthy adult. 

The child’s physical, emotional, and educational needs must be met. The courts also assess which parent can provide a stable home and what sort of relationship the child has with each parent. These are all important factors to take into account.

What to Prepare Before a Child Custody Case

You may have already decided that a child custody case is the only way for your specific circumstances. The first step to take is to consult a reputable family law attorney who can guide you through the process. They will be able to advise you on what to prepare before the case.

However, you should also be aware of what to start collecting yourself. Gather together financial documents proving that you can support the child and records of your parenting responsibilities. Perhaps you attend all parent-teacher conferences or are a member of the Parent-Teacher Association at your child’s school. Document it and demonstrate your worth as a parent.

Most of all, for the whole family’s sake, avoid conflict. This means in person and on social media. Not only may this put a mark against you in court, but it will also cause stress and unease for your child. Remember, your child’s well-being is the top priority in all this.