Divorces are stressful no matter what, but when there are shared children involved, it can be a whole different ball game. Children can heighten the emotional stakes in an already challenging situation. If you are concerned about how custody will be determined, you are not alone. Many people avoid pursuing divorce for years out of concern for how it will affect their ability to access and spend time with their children. However, the good news is that there are legal protections in place to ensure that the best interests of your children are considered and prioritized in making custody decisions. Additionally, the sooner you seek legal counsel, the better your chances of retaining custody or getting an outcome with which you are comfortable. You do not want to be blindsided and reacting; having the time to strategize and consider all possible options will be to your benefit.

Determining Custody Plans

It is important to understand that you and your co-parent have the first opportunity to determine your custody plan. You can decide amongst yourselves, or through negotiations with the help of a lawyer or lawyers. You can also try mediation or other collaborative methods to arrive at a custody agreement that works for you. This is always preferable, as it gives you the maximum amount of control over the ultimate custody agreement. If you and your co-parent can agree on a custody agreement together, then the court only needs to review the agreement to ensure that it would be in the best interest of your child to approve it. Assuming it meets this threshold, the agreement will be approved.

Of course, it is not always possible to reach an agreement with your co-parent. In the event that you cannot come to an agreement together, the court will rely on various factors in determining what custody agreement would be in the best interest of the child. 50/50 custody agreements are popular because they allow the child to spend equal time with both parents.