Finding Solutions For You And Your Family
Determining child custody is often one of the most emotionally difficult parts of a divorce or separation. No one wants to see their children caught in the middle of a conflict between parents. But with the help of a dedicated family law attorney, you can find the best solution for you and your kids.
At Blink Law, LLC, we understand how important your children are to your life. Our clients often come to us with a lot of questions, and we endeavor to find the answers.
What is the difference between legal custody and physical custody?
Physical custody refers to where a child physically lives. It can be shared jointly between parents, or one parent can have sole legal custody.
Legal custody is a parent’s right to make important decisions regarding their child’s life, such as those relating to their education, religion and extracurricular activities.
How does the court decide who gets custody?
Contrary to common belief, custody is not given to mothers by default. As long as paternity is established, either by marriage or DNA testing, fathers have rights. Courts decide custody questions by determining what is in the best interests of the child. These considerations include the child’s relationship with each parent, parents’ ability to provide for the child’s essential needs, and the child’s emotional or developmental level.
How is a parenting plan different from a custody arrangement?
A shared parenting plan is often part of a shared custody arrangement in divorce, where parents share decision-making responsibilities. In order for a parenting plan to work, parents should be able to communicate with each other and make decisions together regarding their child.
What happens if one parent wishes to relocate?
The parent wishing to move is required by law to send notice to their child’s other parent 60 days before relocating, stating where their new residence will be and the reason for the move. A court will help parents determine whether the move is in the best interests of the child and if necessary, create a new parenting plan.