A divorce can be tough — even when both parties agree that it is something that they want — because there are so many details that must be sorted out. Perhaps most importantly of all, a child custody agreement has to be reached. It is important for parents to fully understand all parts of this, both in a practical and a legal sense, to make sure that the agreement is fair to both sides and in the best interests of the child.
First of all, basic custody will need to be determined. Parents could split time evenly — though this may not mean a 50/50 split — or one parent may get the main custody rights. In some cases, of course, one parent can get sole custody if the court feels that the other parent should not be involved.
For joint custody cases, one of the biggest things that must be done is the creation of a parenting schedule. This determines when a child will be at one parent’s home and when he or she will live with the other parent. As noted, this may not always be a 50/50 division because it could be easier for the child to go to school, maintain friendships and live a normal life if he or she stays with one parent more often. The schedule, though, helps to make sure that the other parent always gets time with the child — such as on the weekends.
Finally, if one parent is moving, another important thing to consider is what this means for the child. Parents may have to put in a petition to move away, as this can significantly change how often the second parent sees the child.
If you want to learn about all of the other parts of an agreement, you may find our page on child custody to be very helpful.
Source: Reisinger Booth, P.C., L.L.O., “Omaha Child Custody Lawyer” Sep. 18, 2014