A key component of any divorce with children is a court enforceable joint parenting plan. This is a judge-signed order which lays out the rules of the road for sharing joint custody of the children post-Decree.
When parents cannot mutually agree on a joint parenting plan, the court will impose its own plan that both parents must follow concerning the children’s health and welfare. The law requires that the best interest of the child be the lead consideration above any other. Moreover, judges are commanded by statute to maximize the amount of parenting time for each parent.
Many joint parenting plans contemplate 50/50 equal parenting time protocols absent parental fitness issues (e.g. drug, alcohol, criminal history, domestic violence) being proven by the other parent. If your spouse is threatening to take 100% custody from you, absent your parental fitness being called into question, our attorneys will stop your spouse in his or her tracks and advocate fiercely to procure the 50% parenting time to which you are likely entitled. Family courts determine custody based on the best interests of the child, taking into consideration a great deal of details, including:
- The child’s age
- The child’s wishes
- Each parent’s wishes
- The child’s adjustment to home, school and community
- Any history of domestic violence or child abuse
- Whether the parents have provided primary care of the child
- The mental and physical health of all individuals involved
- The child’s relationship with each parent
- Each parent’s willingness to foster a meaningful and substantial relationship with the other parent
Protecting the future for your children and safeguarding their status after divorce is crucial to their sense of security as well as to your ability to move forward in a healthy fashion. Canterbury Law Group has become an authority in obtaining the most sensible child-support arrangements possible. We will first attempt to collaborate with parents and related experts to design practical, child-focused arrangements for successful co-parenting and child support schedules. When mediation is not an option, we are powerful litigators and prepare for your case with a meticulous a creative approach.
The standard types of Legal Decision Making (child custody)
- Parenting Time (custody) — Determines which specific days the child will be in the custody and control of the parent or his agents.
- Legal Decision Making — Grants one parent or both parents the right to make decisions about how a child will be raised with regard to religion, medical care, education, etc.
- Joint Legal Decision Making — Grants joint legal decision making to both parent assuming the parents can jointly agree on all issues of their child’s upbringing, if disagreements arise, the parties can divert to a Parenting Coordinator or return to Court.
- Sole Custodial Parent — Grants one parent both legal decision making and full parenting time (custody) rights over the child.