CHILD CUSTODY We believe that custody matters are best resolved and determined by the two individuals who know the children best: the parents. This is accomplished through reasonable parenting time/custody proposals, settlement conferences with client and attorney or mediation with a neutral mediator. We understand, however, that settlement is not always possible, so, as your attorneys, we are prepared to advocate for your parental rights.
“Custody” consists of both legal and physical custody. Generally speaking, legal custody refers to major decision making such as medical and educational matters while physical custody refers to residence and primary parenting responsibilities. Custody can be shared (joint custody) or delegated to one parent (sole custody). Since each family situation is different, custody arrangements differ as well. Therefore, it is important to consult with your attorney to assess your situation from both a practical and legal perspective to determine what custody arrangement is most appropriate for you.
When custody is disputed, we will prepare you for your custody proceeding whether it is through the careful drafting of court affidavits, preparation for a custody evaluation, referrals to appropriate medical or mental health professionals and preparation for trial.
Custody is ultimately determined by considering 13 Statutory “Best Interest” factors affecting the custody designation for the child(ren). Occasionally, a custody evaluation will be required to investigate and report on these best interest factors to the court. Recommendations are made regarding the child’s best interests, not the interests of the parents. Occasionally, the recommendations made to the court are inaccurate, insufficient or unfavorable to you. Other times, the recommendations are simply not easy to accept. Whether you wish to contest or accept a custody recommendation, you need the comfort that your attorneys at Ramsay & DeVore, P.A. will give you the advice, support and experience to guide you through this process. |
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