Leo Mongillo Law - How Does The Court Determine Who Gets Custody?

Divorce or separation of parents gives rise to the issue of custody of the child. Child custody gets decided mutually by the parents, or the court gets involved. The involvement of a child in a marriage makes divorce more devastating. The court considers the best interest of the child before deciding custody. Child custody can get messy if the parents do not work together to provide the child with a loving environment.

The child requires a permanent home and a place to make him feel safe. The type of custody that the court decides on depends on various factors. A family lawyer ensures that his client and the child get the best out of the divorce situation. Contact Mongillo Law – Experienced Family & Divorce Lawyer.

The court considers the following before making a custody decision:

Type of custody: The court looks at the situation and living arrangement of the parents before deciding the type of custody.

Physical custody- Physical custody allows the child to live with the parent. The child spends the maximum amount of time with that parent. The court might grant joint physical custody that allows both parents to spend equal time with the children.

Legal Custody- Legal custody is the right given by the court to make decisions for the child. The court may provide legal custody to one parent if the other is incompetent. Most judges prefer to give joint legal custody as it encourages parents to work together for the child.

Sole Custody- The court may reward sole physical or sole legal custody. If a parent can prove that the other is incompetent, the court gives the responsibility to one parent. The parent becomes responsible for all decisions and taking care of the child.

Joint Custody- The courts believe that the child needs both parents. Parents work together to provide the child with the best of both worlds.

Who is the decision-maker?

The custody decision can be either taken mutually by the parents or determined by the court.

Parents – The parents might reach an out-of-court settlement and decide how to work around their schedules to care for the child. The parents might decide to give sole custody with the other parent visiting regularly. The decision depends solely on the parents.

Court – If the parents do not reach a mutual agreement, they approach the court to decide for them. The family court judge considers various factors for the type of child custody.

Factors that affect the custody decision

The court weighs the pros and cons of all custody types based on the living arrangements, the primary caretaker of the child during the marriage, etc. If the child is old enough, the judge asks about the child's preference. If the parents mutually agree to care for the child, they must consider the above factors before deciding. Couples may get divorced or separated and not agree on child custody. The parents can solve the problems through collaborative law. Family lawyers step in and help the couples reach a point of mutual understanding. Leonardo Mongillo is a certified collaborative lawyer.Leo Mongillo Law Firm: Your Best Aid to Deal with the Stress of Divorce.