There is no doubt that children complicate the already stressful process of divorce. When a couple has spent enough time married to have introduced children into a relationship, it makes it harder to separate and go their own ways. In an ideal situation, both parents can agree upon what type of living situation will work best for the children involved and reach a compromise without spending time slinging insults in a court room. If you are considering a divorce and you and your spouse have children, it is a good idea to educate yourself about the options and most likely outcomes of a custody battle. Understanding what options are available too you will help you form a solid idea that you can bring to the table when you begin to discuss your children. In some states, even beloved pets have been the focus of lengthy custody battles. This guide will help you become more informed about the most common agreements couples make about their children during a divorce.

Many people get confused about the difference between custody and visitation. It is very important that you have a full understanding of the difference between these two different types of court rulings before you try to decide what would be best for you and your children.

Custody refers both to who the child will live with and also who is legally allowed to make decisions about everything from what religion the child is taught to what type of education they receive. There are two different types of custody that can be determined and divided by the court. Physical custody is granted to the parent who will be responsible for the child’s everyday needs. If sole physical custody is granted the child will reside in the custodial parents home at all times. Shared physical custody indicates that the child either lives half of the time with one parent and the other half of the time at the second parents’ home. In some rare cases couples have even been known to have the child stay at a single residence and the parents take turns living in the home with the child. Even if one parent has physical custody, the court may decide that both parents are fit to maintain legal custody so that either parent may make legal decisions on behalf of the child.

Once custody is determined by the court, if one parent has received sole physical custody, the other parent may still be granted visitation rights so that they are guaranteed set times to see the child. The decision to give one parent physical custody may be affected by many reasons and these reasons will have a large impact on the length and location of the other parent visitation rights. If the parent being assigned visitation has a history of violence or other criminal record, visitation may be supervised and limitations may be set about when and where the parent is able to meet with the child.

When both parents and the court are comfortable with the stability of the parent applying for visitation the court may decide to assign unsupervised visitation and may even allow the visiting parent to take their children on overnight trips.

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Category: Legal
Keywords: relationships, marriage, divorce, legal, law