Determining Child Custody In An Uncontested Divorce from Jos Family Law's blog

Uncontested divorces are generally cheaper and less of a hassle, making them very popular options for couples who are pursuing a divorce. However, one of the most aggressively contested issues in a divorce is child custody, although both parties must agree on an arrangement when an uncontested divorce is pursued. Otherwise, the divorce turns from an uncontested one into a contested one.

Lawyers still need to be consulted during the divorce process when the other spouse does not contest it, but generally, both parties must agree on all issues outlined in the divorce agreement, including child custody, child support, visitation rights as well as asset division, and other legal matters. The moment that any of these items cannot be agreed upon, the divorce turns contested, in which case the Court may ultimately determine the terms of the agreement and child custody.

Whether to pursue a 50/50 child custody arrangement or a 60/40 arrangement, or any other division of time spent with the child is largely up to the parents in an uncontested divorce. Cases of joint physical custody typically involve an arrangement that has both parents spending relatively equal amounts of time with the child.

In cases of sole physical custody, the child may live with one parent, but that does not mean the non-custodial parent is not able to see the child. Visitation rights (holidays, weekends, etc.) are still involved in many cases of sole physical custody. Joint legal custody, which means both parents may make decisions involving the child's health care, religion, education, etc.

When determining the child custody arrangement while pursuing an uncontested divorce, it is important that both parties be fair with the other. Whether physical or legal, joint custody should only be an option if both parents provide a safe, nurturing environment for the child.

If this is the case with both parents, finding a way to divide the time equally will be helpful in the pursuit of a non-disputed divorce. The parents may also opt for sole physical custody in which one parent sees the child on weekends and holidays while still pursuing an uncontested divorce as long as both parties agree to the arrangement.

Do not waste time in the uncertainty of losing custody of your kids or having the least visitation rights by not grasping child custody laws. Consult Mr. Binoye Jos at Jos Family Law for the best advice; Find the right custody arrangement & guarantee success with the top Anaheim Divorce Attorney. For a free initial consultation, call 1-714~733-7066 today.