How to Ensure I Receive Joint Custody

How to Ensure I Receive Joint Custody

Going through divorce as a parent is an emotionally grueling experience. If your children are old enough to have memories of your marriage, it’s likely they have vivid memories of fights and disagreements, and may have overheard discussions about divorce proceedings, and even custody. As gut wrenching as it is for you to begin to cope with the fact that you will now have to split your time with your children in half with your ex-spouse, the idea of now having two homes is even more scary for your children. Most would agree that joint custody is in the best interest of the children and the parents, but if you are the father, how do you ensure you are assured that right in your divorce?

Is Joint Custody the Norm?

In another era gone by, if a couple divorced, it was assumed that the mother would receive sole custody and the father would be “allowed” visitation with his children. Standard visitation typically implies a visit every other weekend and half of school breaks. This is not the norm these days. As long as both parents are of sound mind, not criminals or a danger to the children, most courts will do everything possible to ensure joint custody is in place. This arrangement is viewed as being in the best interest of the children because children do better psychologically when they are given as much time with both parents as possible.

Joint Custody Requires Cooperation

That said, joint custody requires that both parents communicate well and are willing to work with each other amicably. If it is clear to the court the two of you are unwilling to work together, he or she may award sole custody to one parent and liberal visitation to the other.

How is custody determined?

Some of the things courts consider when deciding custody and visitation arrangements are:

  • Desires of the child if he or she is old enough to express them
  • Mental and physical wellbeing of the parents
  • Religious and/or cultural factors
  • Necessity for maintenance of stable home atmosphere
  • Assistance and availability of interaction with extended family of either parent
  • Relationship with other people in household
  • Adjustment to new school and community
  • Age and gender of the minor
  • Parental use of disproportionate discipline or emotional abuse
  • Indication of drug, alcohol or sex abuse by one or both of the parents

Indiana Child Custody Attorney

We are here to make sure your rights as a father are honored! If a potential custody battle has caused you to worry about losing your kids, contact a New Albany fathers’ custody rights lawyer today. Call us at (812) 945-3055 or online today. We are on your side and will work hard to defend your right to remain a vital part of your children’s lives.

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