Divorce can be a complicated and difficult process in itself, but when
children are involved, it is all the more challenging, especially given
its delicate nature. Hiring a skilled and experienced child custody attorney
who can guide you through this harrowing process is one of the best steps
you can take in these circumstances, but it is also important to take
an active role in your own case by educating yourself on the matter. Doing
so will help prepare you for what to expect, which can help eliminate
any potential surprises that might have been otherwise foreseeable.
Below are some of the most commonly asked questions parents ask regarding
What are the differences between legal custody and physical custody? It is possible for a parent to have legal custody and not have physical
custody. Legal custody simply refers to a parent’s right to make
decisions on behalf of the children, such as those involving health, religion,
and education. Physical custody refers to where the children will reside.
For example, if your home serves as the residence for your children, this
would mean you have physical custody. Consider what arrangement will work
best for your specific situation. You may find that depending on the preferences
of a particular Judge, an award of physical custody is not always required,
but an award of legal custody is always required.
How do courts determine which parent receives custody? Several factors come into play when it comes to awarding a parent child
custody. These include the ability of each parent to provide for their
children, the child’s relationship with each parent, and the custody
arrangement you currently have. The court will also consider whether or
not a parent will be supportive and respectful of the other’s time
with their children, and supportive of a child’s special needs.
What does the “best interest” of a child mean to the court? The best interests of children are the primary concern of any court’s
decision regarding custody, so of course, it is crucial to understand
what the phrase means. This could vary from state to state, though it
typically refers to a child’s ability to maintain a relationships
with both parents, especially if this was the status quo prior to your
decision to divorce.
Do I really need a child custody lawyer? Family law can be complicated, so before you dive into your child custody
case, it is best to have effective legal representation throughout the
process. If you are still feeling uneasy about this decision, you should
at least seek a free consultation with an attorney before shutting the
door on this option.
Do I need a temporary child custody order? It takes time for a divorce to reach its final resolution and many issues
cannot wait the length of time it takes for this to happen. Child custody
is one such pertinent issue that needs to be addressed. Depending on the
facts of your individual case, a temporary order regarding custody may
need to be set in place before the case resolves in its entirety.
Dedicated Child Custody Attorneys in Birmingham, Michigan
Divorce is not an easy choice to make for spouses, but it is sometimes
necessary and, when children are involved, it can get complicated. At
The Badalucco Firm, our legal team makes it a priority to help you and
your spouse work out a sound and balanced custody plan that covers all
the necessary bases by providing creative and effective solutions.
If you are in the midst of a child custody battle, come to us and we will
help you navigate this complicated matter with compassion and understanding.
Contact our firm today at
248-467-8208 for a free 30-minute case evaluation.