What Do I Need To Know About Child Custody?

Child custody can be a sensitive and contentious issue in any divorce process. Before you meet with your family law attorney, you should familiarize yourself with the critical terminology surrounding legal custody. An experienced lawyer can guide you as you begin establishing and allocating custody.

Understanding Child Custody Terms

Custody gives one parent decision-making authority and, typically, more time with the children than the other parent. The amount of time a non-custodial parent gets with their child can vary significantly depending on the circumstances. They might not get any time at all.

Physical custody refers to which parent the child presently lives with. It is not the same as legal custody, defined as having decision-making authority over the child’s education, medical care, and spiritual/religious upbringing. If the child lives with one parent and has summer or weekend visitation with the other, the parent with whom the child spends the most time will typically have legal custody.

Shared parenting is often in place if the child spends a great deal of time with both parents. These situations work well when both parents live relatively close to each other. Otherwise, considerable distance can make shared parenting more challenging and stressful, and it diminishes the child’s sense of routine and stability.

Suppose you share legal custody, but your ex-spouse makes decisions about the child’s situation without consulting you. In this case, you and your child custody lawyer can take your ex to court and ask a judge to enforce the joint custody agreement. Court hearings can be expensive and emotionally difficult for both parties. It is best to communicate with your ex and avoid this type of conflict if possible.

For these and any other questions about child custody in Cincinnati, please contact Donnellon, Donnellon, & Miller by calling 513-891-7087. You can also complete the contact form below, and someone on our legal team will help you with your custody concerns and questions.