Going through a divorce is not only emotionally and financially straining, but the likeliness and fear of losing the custody of your children make the process even more troublesome for most couples. Most couples usually have a poor relationship during the onset of the divorce process, which makes it difficult even to agree on the things that relate to children such as child visitation and support. During the divorce process, it is important to understand that children are equally affected by the process and thus, they should be protected and helped to come to terms with the change as much as possible.
To make the process as smooth and painless as possible, it is important to seek advice from an experienced family lawyer. The lawyer will explain to the parties laws and guidelines that are used in deciding children custody as well as the rights of the other partner who loses the child custody case. The other partner is usually given visitation. However, it is important to note that you can both agree on who will keep the children without going through the lengthy child custody process. If you can both agree on child custody and visitation through the informal settlement negotiations or through out-of-court dispute resolution, the process will be quicker and less costly.
However, if you cannot both agree, the court will have to make the decision. There are four types of child custody that include physical, legal, sole and joint. The physical custody determines who will physically stay with the children while the legal custody refers to the person with the obligation to make key decisions on behalf of the children. It is also important to note that the court can decide on sole or joint custody depending on the specific case.
Joint custody or shared custody is the best for children if it is possible because it has the little effect on the life of the children. Both parents share the responsibilities, decision making and even physical custody of the children.