Basics Of Custodial Rights

 Posted on October 02, 2012 in Divorce

When you are going through a divorce, there many questions that need answered, and child custody is among the most pressing. An important aspect in this is to know what kind of custody you are looking for. According to a Huffington Post story, parents go to court, fighting for child custody, without actually knowing what the custodial arrangement they want means. A skilled family law attorney can help you with these matters.

Judge Michele F. Lowrance, a family court judge for 17 years, said that is is not uncommon for a parent asking for sole custody to not really know what it means. Parents looking for joint custody are often the same way, according to her. As are so many other issues in divorce, fighting for custodial rights is not only emotionally challenging, but it can also be very confusing.

Naturally, sole custody has attributes missing from joint custody that favor the sole custodian. The sole custodian gets to make all the major decisions as far as education, medical care, and religion go. Getting permission from a court to move out of the jurisdiction might also be easier. For the non-custodial parent this means the opposite; they will not have access to medical records or school records.

Judge Lowrance says that if drugs or alcohol are involved, courts will often want to grant sole custody. Courts will also prefer sole custody if the parents are extremely combative, or they have mental disorders.

In the midst of all the legal intricacies,  try to remember that many aspects of both joint and sole custody agreements are not written in stone, and they can be altered to meet the specific needs of each case. Parenting orders, regardless of which custody is chosen, can be made as unique as a fingerprint, Lowrance says.

Divorce is rarely easy, which is why it is extremely important to have a knowledgeable attorney on your side. An experienced lawyer can help you through the confusing legal issues and explain to you what your best options are. When you have a family law issue, get skilled legal assistance from our Lombard, Illinois and Arlington Heights, Illinois family law attorneys.