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divorce custodyWhen children are involved in separation or divorce, a custody agreement must be reached between the two parents with regards to who will have legal and physical custody of the children. A custody agreement includes all decisions made about who will be responsible for the physical, psychological, and mental needs of a child or children involved in the dissolution of a marriage.
When two parents can reach a custody agreement about who will be responsible for meeting all the needs of a growing child, the custody agreement is then sent to a family law judge who will approve it, providing that it is in the best interest of the children. Custody agreements can also be negotiated with the help of a court appointed or privately hired mediator. This qualified professional has background and experience in psychology and/or social work and has been trained to help parents create a parenting plan to be included in the final custody agreement.
The mediator will help determine how legal and physical custody of a child will be shared between the parents. Legal custody is the authority to make decisions that will guide the child''s life including education, health care, discipline, extra curricular activities, and more. Physical custody involves who the child will live with and with whom they will spend time. A custody agreement may name one parent as the sole caretaker, primary caretaker, or parents may equally share legal and physical custody of a child. A custody agreement might allow for joint custody, but in the best interests of the child, one home is indicated as the primary home of the child.
These custody agreement decisions are all based on a number of factors including parenting history, the amount of influence and the type of influence each parent had on the child prior to the dissolution of their union, a parent''s physical and psychological stability, the amount of time each parent is able to spend with the child, and a variety of other factors. It is also possible that a child''s wishes will be heard by a mediator and/or considered by the court before a final custody agreement is reached.
If a custody agreement lists one parent as the primary caretaker, the other parent may be required by the court to pay child support in order to help cover the costs of raising the child. There are a number of penalties a parent can face if they fail to pay support as dictated by a legal custody agreement.
If a custody agreement cannot be reached because of a major conflict of interest, or in more serious cases like domestic abuse, a judge will decide the custody agreement. In most cases a judge will not hear a case until the involved parties have met with a mediator. There are a variety of authoritative measures that a judge can take to facilitate the finalization of a custody agreement that is just and in the best interest of the children.
If you are in the process of reaching a custody agreement, you may wish to contact a qualified legal professional who can help maximize and protect your interests. These professionals have a comprehensive understanding of the laws applicable to your case.
The fate of a 6-year-old boy living in Delaware could set a precedent for how US-international divorce custody cases are fought and won. A custody battle between the boy’s parents, Henry and Jody Baxter, recently ended with the Philadelphia US 3rd Cir...