If you are going through a divorce, the one thing that is likely on your mind is getting physical custody of your children. Here is what you need to know about this part of a child custody battle.
Know How You Can Win Physical Custody
There are two ways that you can win custody. You can either negotiate with your spouse during mediation, where both of you have full control over the situation and who will end up with custody. The other option is to take your case to trial and to have a judge or jury make a decision. Your goal should be to win custody during mediation by presenting your evidence to your spouse as to why you feel like you deserve custody. Chances are that their lawyer will see the evidence that you have presented and advise your spouse not to go to trial where they will lose. These types of decisions do not have to go to trial, but they will when spouses decide to be stubborn and not present their case to their spouse.
Decide On The Type Of Physical Custody
Physical custody is not an all-or-nothing situation. Many parents decide on some sort of joint custody situation. While joint physical custody is not typically a 50/50 split with the child living with both parents, it can be if that is what the two of you desire. You can decide on a custody arrangement where the child's time is split in a way that makes sense for both parents.
Many people consider the primary location of physical custody based on where the child will be going to school, where their friends are located, and if they are close to family. Consider how much a split physical custody decision would disrupt your child's life. That may mean that a 50/50 split will not work best for the child, even if it's what the parents want.
Consider The Year-Round Schedule
You also need to think beyond the primary living situation and look at the year as a whole. Decide on who is going to have physical custody of your child during holidays and what vacations you will want to take your child on. You can plan these out in advance so that there are no arguments about them later on. You may even require a different schedule during the summer when school is out, as opposed to when needs are different during the school year.
Contact a child custody attorney for more information.
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