Divorce is difficult. Divorce with children is even more so. You want to do what is best for your kids, but you and your soon-to-be ex may not agree on what that is. There are several different child custody options open to North Dakota residents. You and your spouse can try to negotiate a custody arrangement based on these options or a judge can decide how your custody plan will work.
So, what are the available custody options? There are five: sole legal custody, joint legal custody, sole physical custody, joint physical custody and visitation. How is each of these different?
What does legal custody entail?
When a parent wants the ability to make important decisions for their child, he or she needs to have legal custody. A court may grant sole legal custody to one parent, meaning that the other parent will not have a say in things like medical care, schooling and religious upbringing — among a million other decisions that come with raising a child. If you want to continue sharing in the decision-making process, you can ask for joint legal custody.
How does physical custody differ?
Parents who want their children to live with them need to obtain a physical custody order. Sole physical custody occurs when the children will live with just one parent the majority of the time. Joint physical custody is where children split time living with each parent.
Determining visitation
If a parent is not awarded physical custody of their children, he or she may request visitation. This is scheduled time for that parent to spend time with his or her kids. If a parent cannot always be physically present to visit with the kids, virtual visitation may be included in the visitation order. This allows parents and children to have structured time interacting via video-calls.
As shared custody arrangements tend to be the most beneficial for both parents and their children, the state prefers to award joint legal and physical custody when appropriate. Parents can negotiate the terms of such an arrangement so that it works for their family. In order to determine if shared custody is the best option, it is necessary to consider:
- A child’s age
- The parent-child relationship
- A child’s wishes
- Parental addiction issues
- Available living arrangements
At the end of the day, a child custody arrangement needs to serve the best interests of the children. You know your kids best, so having you and your soon-to-be ex work out a custody plan is ideal. However, if you both cannot come to agreeable terms, a judge can look at the facts of the case and issue the custody order he or she thinks is appropriate. No matter how your custody plan comes to be, if needed, you may be able to change it down the line.
