One of the hardest struggles that separating or divorcing parents have to deal with is determining arrangements for child custody and visitation rights. A child custody conflict can likewise occur when a parent believes that the current custodial parent isn’t fit to meet the demands of caring for a child.
Physical and Legal Custody Arrangements
Essentially, there are two forms of arrangements for child custody, namely, legal custody and physical custody.
- Physical Custody: This is a parent’s right to have their child live with them. The court will decide the physical and legal custody of the child to both parents, as in joint custody, or only to one parent, as in sole custody.
- Legal Custody: This is the parent’s responsibility and right to make critical decisions regarding child rearing including discipline, medical care, religion, and education among others.
Considerations for the Child’s Best Interests
Courts normally base their decision on a “child’s best interests” when determining child custody arrangements. Identifying a what’s in a child’s best interest will be dependent on several factors including the following:
- The child’s age, gender, and mental and physical health
- Both parents’ mental and physical levels
- Both parents’ general lifestyle, living and social conditions
- The emotional connections between each parent and the child
- Both parents’ capacity to provide bare necessities such as food, clothing, shelter, etc.
- The ability and willingness of both parents’ to promote a healthy and close relationship between the other parent and child
- For children over 12 years old, the child’s choice
Child Custody Lawyer
An experienced child custody lawyer can aid you in getting the best child custody arrangement that will be in your child’s best interests. If you can’t come to an agreement with your partner or spouse, your child custody attorney in Denver will represent you in court.
You’ll learn valuable advice on how to properly conduct yourself throughout the case, something that will significantly help you when you face the judge and the evaluator. More importantly, having a child custody attorney to represent you is necessary, especially if your partner or spouse also has legal representation. Without knowledge of specific family laws, you won’t be able to present your case the proper way and will more likely reduce your chances of maintaining or gaining custody of your child.