Legal Processes and Procedures Associated with Custody

Now that we’ve overviewed child custody from a legal perspective, I want to shift gears and approach this topic more from a parent’s point of view. Both perspectives are equally important in their own ways, so it’s essential not to neglect this side of navigating child custody.

Considering things not only in the abstract legal sense but also from the practical, day-to-day perspective where the rubber really meets the road, so to speak, is vital. Doing so can illuminate situations where you can exercise restraint and tact. Taking this step when you’d be naturally inclined to react a certain way can make the legal process much easier and contribute to a far more preferable outcome.

Custody Arrangements as a Divorce Unfolds

You already know this and likely don’t need me to tell you, but it’s important not to overlook it when considering custody arrangements: every home environment is different. Every person is different. Every relationship is different. Custody arrangements vary depending on the circumstances of the case in question, strongly influenced by the level of cooperation between the parents, any existing court orders, and the need for temporary arrangements. In fact, this is why most lawyers do not offer flat fees for divorce or custody cases — some cases can go on and on forever if a parent is especially unreasonable.

Despite this, all cases fall under the scrutiny of the court and its set — and sometimes rigid — standards. If both parents are listed on the child’s birth certificate and there’s no existing court order regarding custody, both parents typically have equal rights to the children, including visitation and decision-making. This is true whether the parents were married and are seeking a divorce or were never married and are merely disputing custody.

However, if there’s a considerable amount of ill will between the parents, resolving the situation can be challenging without a court order. One parent may take the children out of school and go live with their sister to keep them away from the other parent, for example. This sort of thing isn’t uncommon at all. In these instances, the other parent is essentially left with no meaningful recourse without a court order. Apart from asking the police to go over and do a wellness check, there isn’t much they can do.

In these situations, the other parent may seek an emergency hearing, also called a pendente lite hearing. A pendente lite hearing is a hearing held where a limited set of issues, such as visitation, can be addressed, and interim arrangements can be put in place until a final custody determination is made. These temporary arrangements provide a framework for visitation schedules and decision-making until a more permanent solution can be reached through negotiation or court intervention.

Attorney Michael Cochran, based in Maryland, brings a wealth of experience in family law to the table, having assisted countless clients through the complexities of divorce and custody cases. His deep understanding of both the legal and practical challenges parents face means he’s well-equipped to guide you towards the outcome you need, ensuring the protection of your parental rights and the well-being of your children.

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Leaving the Home

I’d like to share some thoughts on the idea of leaving the home since it just came up. Doing something like this doesn’t automatically undermine your rights necessarily, but it’s incredibly important you think it through before you decide to take this sort of action on a whim.

As with anything else related to a child caught in the midst of a divorce and custody dispute, their best interest is the ultimate standard. This doesn’t just cut one way when leaving the home is on the table, though. It might sound counterintuitive, but you can argue that leaving actually served your child’s best interest, especially if you are in a situation where you and their other parent can’t stop fighting with things teetering on the brink of getting ugly at any given second.

Regardless of what you end up doing, the key is to be able to demonstrate in the future that you sought to be reasonable and communicative at the time. This can take many different forms, be it actively involving legal counsel to communicate on your behalf or doing everything you can to exercise as much self-control while handling things on your own.

If you have indeed left the home and aren’t living with the other parent, you’re not obligated or required to file for divorce immediately, assuming you are married to them. Instead, you can opt to file solely for child support. In cases of urgent need, you can request emergency family maintenance, along with a pendente lite hearing, to secure temporary child support until the final resolution of the divorce or custody proceedings.

Key Components of Successful Co-parenting

A successful parenting plan should comprehensively address all issues concerning the child. These may include:

• Legal Custody Arrangements

As discussed previously, detailing decision-making authority, communication methods between parents for making those decisions, and mechanisms for resolving disputes are immensely important to the well-being of your child and the arrangement that ensures you have and maintain whatever degree of custody of them.

• Physical Custody

Address all aspects of physical custody, including communication methods, drop-off and pick-up arrangements, designated locations, scheduling considerations for holidays, birthdays, summer vacations, other school breaks, etc.

• Child Support

Determining who will cover things like health insurance and other related expenses is critical. Will child support cover all expenses? Will one parent be responsible for specific purchases while the other pays child support? Thoroughly think through these things and document whatever you come up with.

Try your best to anticipate things you wouldn’t be inclined to consider because, depending on your relationship with your child’s other parent, issues that arise with parenting plans later on can be interpreted as attempts to manipulate arrangements, potentially causing unnecessary escalation. Be proactive and transparent from as early a stage as you can to prevent this from happening and jeopardizing your custody or support arrangements.

For more information on Legal Processes And Procedures, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (240) 433-5247 today.