Child Custody Factors Archives - Custody Simplified: Evidence Strategies for Child Custody

What is most common child custody arrangement as of 2023?

The most common child custody arrangement as of 2023 is joint custody. In a joint custody arrangement, both parents share legal and physical custody of their child or children. This means that both parents have the legal right to make decisions about the child's upbringing and welfare, and that the child splits their time between both parents' homes. Types of child custody arrangements include: Sole custody: In a sole custody arrangement, only one parent has legal and physical custody of the child. The other parent may have visitation rights, but does not have the legal right to make decisions about the child's upbringing and welfare. Joint legal custody: In a joint legal custody arrangement, both parents have the legal right to make decisions about the child's upbringing and welfare, but one parent has primary physical custody of the child. Joint physical custody: In a joint physical custody arrangement, both parents have physical custody of the child, but one parent has primary legal custody. Split custody of multiple children: In a split custody arrangement, children are split between the parents, with each parent having custody of one or more of the children. For example, the older sibling lives with dad while the younger sibling lives with mom. While it's not a common outcome, a court can determine that splitting the children would be the better arrangement based on the parents' work schedules, the children's school location and schedule, and/or the children's relationship with each parent. Legal vs Physical Custody Legal custody refers to the legal right to make decisions about the child's upbringing and welfare, while physical custody refers to the child's physical presence and care. In a joint legal custody arrangement, both parents have [...]

Child Custody Tips & Common Pitfalls

Essential Tips for Winning Child Custody Be Actively Involved Make sure you are able to demonstrate that you are significantly involved in your child's life by taking an active role in the care, development, and discipline of your child. If your child is young, participate in feeding, bathing, walking, reading, napping, and medical care. As they grow older, take part in their educational development and extracurricular activities. Get to know your children's teachers, doctors, counselors, and coaches. Your ability to demonstrate the extent and quality of time with your child prior to and post-separation is critical. If the other parent is interfering with your involvement, document your attempts and the resistance that you are receiving. Establish a Physical Custody Schedule If you live separately from the other parent, it is critical that you negotiate a physical custody schedule that accurately represents your long-term goal of shared parenting, ideally before a custody petition or complaint has been filed. If you currently have a visitation agreement, make every effort not to miss any of your scheduled time. Spend as much time with your child as possible. Once parents have been following a set schedule for a significant amount of time, the Family Court will look to this schedule as the status quo and Judges don’t like to change what appears to be “already working”. NOTE: Percentage of Physical Custody is generally calculated by the number of overnights the child spends with each parent per year. Promote Involvement of the other Parent Show that you encourage the contact and active involvement between your child and their other parent. Unless clear evidence shows the child is in danger while in their care, the Family Court will frown upon [...]