Custody Disputes in Delaware County
Setting up a child custody agreement is one of the most challenging aspects of a divorce or a legal separation. A child custody agreement that balances financial issues, work schedules, decision-making authority, and other co-parenting issues would be ideal. But, child custody is a contentious divorce issue, and agreeing on these and related issues is never easy.
Even without custody disputes, devising a custody agreement that addresses the needs of the child and suits both parents can be difficult. The child custody process is often emotionally and legally complex. Considering what is at stake, it is advisable to seek the help of a skilled Delaware child custody attorney.
What is Child Custody?
Child custody refers to the legal agreement determining which parent a child will primarily live with after a divorce or separation. It also refers to who is responsible for making major decisions regarding the child’s upbringing, including schooling, and healthcare decisions.
However, child custody issues are not only specific to divorce or separation. They can also affect people not married to each other but have a child together.
Types of Child Custody
There are two types of child custody in Delaware County: physical and legal custody. However, child custody arrangements can be sole or joint custody.
- Physical Custody
This refers to which parent a child will primarily live with. The parent or guardian who has physical custody is responsible for the day-to-day care of the child/children, including providing basic needs. The parent ensures the smooth flow of daily activities like the child’s going to school and returning home.
However, physical custody arrangements vary depending on prevailing circumstances. In some cases, only one parent has the sole physical custody of the child/children. In other cases, one parent has sole custody but the other is allowed limited visitation time. In some cases, both parents share joint physical custody.
- Legal Custody
This refers to the parent who has the decision-making authority on the child’s education, religion, and overall health and well-being. For instance, the parent or guardian who has legal custody decides which school the child attends, the religion they practice, and the medical care they receive.
In most cases, both parents share joint legal custody of their child/children. However, the family court can grant sole legal custody to one parent. The parent who has legal custody is not necessarily the one who has physical custody.
Factors the Court Considers in Custody Decisions
While parents can agree on a shared parenting strategy, the family court decides most child custody issues. The court bases its child custody decisions on several factors including:
- Best Interests of the Child Standard
The court bases nearly all its child custody decisions on this standard. While both parents may have a child’s interest at heart, their view of what is best is often adversarial. The court has to prioritize the child’s welfare. Some of the key considerations of the best interest of the child standard include emotional ties, stability, routine, and the child’s preferred parent.
- Parental Fitness
The court must also consider a parent’s fitness for custody, including whether they struggle with drug addiction or have a history of abuse. A parent’s lifestyle and history impact their ability to take care of a child. In making its decision, the court avoids exposing a child to neglect, abandonment, or abuse by an ‘unfit’ parent.
- Stability and Continuity
Even without custody disputes, a divorce or separation can emotionally destabilize a child. Having to change schools or move to a new town in addition to the divorce is often overwhelming for most children. In making its custody decision, the court is aware of these challenges and seeks to maintain consistency in the child’s life, including home, school, friends, and community.
The Custody Dispute Process in Delaware County
Filing for Custody. The first step involves one parent filing a custody petition with the Delaware Family Court and serving the other parent. The respondent (other parent) has 20 days to file a response to the petition.
Mediation. After filing for custody, the court often refers disputing parents to out-of-court mediation. If the parents agree on a custody arrangement, they will take it to court and it will become legally enforceable. If there is no agreement, there will be a court hearing for the judge to decide on the custody issue.
Court Hearings. Custody hearings involve both sides stating their case and a family law judge determining the case on merit, including what is in the best interest of the child. The judge then issues a custody order.
Can You Modify a Custody Order?
Yes, either parent can file a motion to modify custody even after a judge has issued a custody order. However, Delaware laws only allow a child custody modification order in specific situations. The situation must also be in the child’s best interest.
For instance, a non-custodial parent can seek to modify a custody order upon the relocation of the custodial parent. While the court acknowledges the petitioner’s parental rights, its major consideration is whether the relocation prioritizes the child’s welfare.
Similar to a custody petition, the court first refers a modification request to mediation. If there is no agreement, there will be a court hearing and the judge will grant or deny the modification request. The judge can also make other changes to the custody order based on what is in the best interest of the child.
While modifying a child custody order can be legally complex, a skilled and experienced Delaware child custody lawyer can guide you through the complexities.
Contact a Delaware County Custody Lawyer
While every parent has their child’s interest at heart, the adversarial nature of divorce means divorcing parents are unlikely to agree on child custody issues. With most child custody disputes ending up in court, it is advisable to have a skilled Delaware County custody attorney by your side. Our knowledgeable and experienced Delaware child custody lawyers at The Law Office of Jessica G. King will protect your rights and help you get a fair custody arrangement. Contact us today to schedule a consultation and learn more about our services.
