Initiating A Child Custody Action- Child Custody Attorney

After a divorce case, if you have children, the next case you might be considering to file is a child custody case. We want what is best for our children and to give them what they need, we must be at their side. However, the cases of divorce parents are different matters. They might get separated with their kids. So to prevent this matter, we initiate a custody action.

There are two types of custody, the Legal and the Physical Custody.

The Legal Custody

Legal Custody, means either only one parent or both parents have the authority to make decisions with regards to the child’s well-being. If it is both parents who have the legal custody, it is commonly known as Joint Legal Custody, but if it is only one parent, then it is Sole Legal Custody.

• Joint Legal Custody

• means that both parents take part in decision-making regarding the child’s welfare
• parents must also consult one another before they make any decisions about the child’s schooling, medical issues, and other important issues
• both parents can access the child’s health and medical records

• Sole Legal Custody

• one parent has the sole authority over his/her child’s welfare
• parent awarded with the custody does not need to consult the other parent regarding the decisions for the child’s well-being

Physical Custody

This refers to where the children should live. Like Legal Custody, it can also be shared, Joint Physical Custody, or only one of the parents can have it, Sole Physical Custody. In Sole Physical Custody setting, the house of the parent granted with the custody should also be the home of the child while the other parent’s house can only be considered as a place to visit.

On the other hand, Joint Physical Custody means the child can consider both his/her parents place of residence as homes. This would provide opportunity for both parents to share parenting time in a more or less equal basis.

However, sometimes break ups are too painful that two parties cannot stand with each other. And chances are they might not want to cooperate with one another. During this time, a judge’s intervention may be needed.

At times, children have their own preference of who they want to live with. And during these occasions, parents question when the preference of his/her child becomes relevant to the court’s determination. Judges will consider the child’s preference as early as age eight. This will gain more credibility and weight once the child gets older and mature.

Custody matters are complex. Not only the parents are affected but the child will also experience emotional trauma for what is happening around him/her. For these matter, the guidance of an experienced lawyer is highly recommended.

The attorneys of Van Tubergen, Treutler & Hayes, PLLC in Grand Haven, Holland, and West Michigan have experience in domestic relations law. Your success is what we aim for. Call us today at 616-844-3000 for free initial consultation.