Spartanburg SC Child Custody Lawyers
Child custody refers to both physical custody and legal custody. Legal custody refers to both parents’ right to make decisions for their children. Generally, even after a split, both parents retain legal custody of the children. However, physical custody refers to where a child will live when parents live in separate homes. Custody issues can involve both physical and legal custody matters. For example, a parenting plan may provide provisions about how major decisions will be negotiated when parents disagree. A parenting plan will also include provisions for where a child will live and how visitation will be arranged. If a parent is concerned for the safety of the children due to domestic violence, child custody matters can be even more complex.
When child custody cases are left to a judge to decide, a judge will make a determination based on the best interests of the child. Several factors may be taken into account when the court decides what is in a child’s best interest. For example, the courts may take into account the child’s preference, asking him or her, if he or she is old enough, where he or she wants to live. The courts will also review the safety of each potential home, taking into account history of domestic violence and other factors. The courts may also take into consideration the physical and mental health of each parent, the child’s needs and temperament, the child’s relationship with each parent (which parent is the child closest to), the child’s community ties and how custody will play a role or alter these ties (will the child have to change schools while living with one parent, but be able to remain in the same school with the other, for example), the child’s special needs, the child’s relationship with siblings and family members, the role the parent has traditionally played in the life of the child, the parent’s ability to nurture a relationship with the other parent, and more. Generally, it is in both parents’ interest to resolve their child custody matters outside of court, with the help of respective child custody lawyers. When parents take a child custody battle to court, there is always the chance that the judge will make a decision neither parent wants. The Barbare Law Firm is a child custody law firm in Spartanburg, South Carolina that can help you if you need help with your child custody case. Our firm can review your goals, review your situation, and help you work with your former spouse to create a parenting plan that will work for you and your family.
What Needs to Be Included in a Child Custody Parenting Plan?
A parenting plan is a legal document that outlines your child custody agreement. Generally a parenting plan must specify which parents have legal custody (the right to make decisions for the children) and which parents have physical custody. In some cases, physical custody will be split, and in other cases, the child may primarily reside with one parent. The parenting plan should also provide specific times and days for visitation and parenting time with the non-custodial parent, and provisions for how these times may be changed, should flexibility be required. Another important thing to keep in mind is how to split parenting time during holidays and vacations. No stone should be left unturned when it comes to deciding how parenting time and visitation will be split. Parenting plans also often include provisions for how decisions will be made and provisions for how to resolve disputes should they arise.
Having a complete and thorough parenting plan reduces the risk of conflict going forward. When both parents can agree to a child custody arrangement, there is also less risk of conflict and disputes going forward. Getting your parenting plan right the first time around is important. It can be very difficult to change a parenting plan once one has been made. If you need help with a parenting plan, reach out to the Spartanburg South Carolina child custody lawyers at Barbare Law Firm.
How a Child Custody Lawyer Can Help You in Spartanburg, South Carolina
A child custody attorney in Spartanburg SC can help you by assisting you in understanding your rights, and understanding the best possible outcome for your child custody case should you go to the courts, so that you and your partner can work with your respective lawyers to reach the best possible solution for you and your families.