On behalf of The Law Office of Wickersham and Bowers posted in Family Law on Monday August 26th, 2024.
Family law is an essential aspect of public records, and it plays a fundamental role in cases like divorce and child custody disputes. After divorce, many parents find it hard to come to a mutual agreement on who should have custody of the children, prompting lengthy child dispute cases. Under such circumstances, family law comes into play to serve the best interests of the children.
Here’s an overview of how family law helps manage these child dispute cases.
1. Categorization of Custody Types
While addressing child custody disputes, family law starts by categorizing custody into different types: physical custody and legal custody. Physical custody defines where the children will reside, while legal custody defines who makes major decisions in the lives of these children.
In other instances, both parents are given joint custody, meaning that both parties are equally involved in caring for their children. If one parent is given sole custody of the children, it means that the parent has more legal rights over the decisions involving the children.
2. Adopting Child Standards
Many parents claim to have the best interests of their children at heart, but this is not always the case. Child custody disputes are usually more about parents having their way and less about the best interests of the child. Family law plays a critical role in adopting the Best Interest of the Child Standard.
This overarching principle guides the court in making decisions, especially after evaluating different factors, such as:
- The ability of each parent to meet the children’s basic needs.
- The wishes of the children, depending on their age and maturity.
- The children’s safety and health concerns.
3. Parenting Plans
Finally, family law helps create parenting plans. Parenting plans include specific details on where the child or children will live, visitation schedules, and how decisions involving their education and healthcare will be made. Parenting plans are critical in minimizing conflicts by outlining the responsibilities and schedules of both parties.
Need Help with a Child Custody Dispute?
Family law is unchanging, and it is upon its provisions that the courts make decisions on where your child lives and where they attend school. For personalized guidance through your child custody dispute, contact Wickersham & Bowers today.
