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Parents who have decided to divorce usually have several important discussions to resolve before they can officially separate. One of their primary concerns often centers on who will have custody of their children. Because each parent wants what is best for their child, custody issues can quickly become emotional and cause intense debates during the divorce process.
If you are in the middle of divorce negations, you might benefit from speaking with a Forsyth County child custody lawyer about your rights. No matter where in the divorce process you are, a skilled family attorney could help advocate on your behalf to preserve the best interests of your children.
Any divorce process in Forsyth County that involves children will involve a discussion over both legal custody and physical custody. Because of their sensitive nature, these negotiations are often difficult—while both parents may want the best for their children, each parent’s definition of what is “best” may differ.
Legal custody involves the power to make decisions on behalf of a child, such as what type of medical care they should receive or where they will go to school. Barring certain circumstances, such as an abusive parent, both parents are typically awarded some form of legal custody over their child in a divorce action or subsequent modification of custody.
Physical custody determines which parent gets to house and raise their child at specific times. In many divorce cases, parents share physical custody of their children.
In other instances, however, the court awards significantly more parenting time to one parent than the other. Under these circumstances, the non-custodial parent would instead receive visitation rights. A seasoned Forsyth County child custody attorney could help further explain these nuances to a person going through either the divorce process or a modification of custody case.
When determining both legal and physical custody, a court considers what is in the best interests of the child or children involved. This is a factually intensive process that focuses on various elements, such as:
These are only some of the factors that a court might consider during a trial, however. An experienced child custody lawyer could work to find support for a particular custody arrangement and use their knowledge to advocate on behalf of a claimant in Forsyth County.
After a divorce, separated spouses may experience drastic life changes that impede their ability to offer the agreed-upon care for their children. Fortunately, parenting plans—whether they result from an agreement or a court order—are not forever final. Often, they can be modified based on the evolving pecuniary circumstances of one or both parents, or changes in the needs of the children.
Ensuring the protection of a child’s future is often one of the most important components of a divorce proceeding. Due to this, it is also one of the most potentially stressful components, and it can quickly overwhelm parents and leave them unsure of how to best proceed.
Handling the negotiations of such sensitive and important matters on your own could prove detrimental, especially if you are underprepared. By retaining a hardworking Forsyth County child custody lawyer, you could work to protect your interests as a parent and fight to get your child the care and attention they deserve.