Child Custody

Establishing child custody and visitation arrangements in a divorce or other separation are often the most difficult challenges parents must face. Courts deciding child custody and visitation matters will always make a decision based on the “best interests of the child.” The phrase “best interests of the child” governs all aspects of child custody and visitation. Determining the best interests of a child depends upon many factors, including the child’s age; mental and physical health; health of parents; lifestyle and other social factors of parents; love and emotional ties between parent and child; parents ability to provide food, shelter, clothing and medical care; quality of schools in a given locale; child’s preference depending on the child’s age; ability and willingness of the parent to foster a healthy relationship between child and other parent; and the stability of the environment.

There are several types of child custody; Legal, Physical, Sole, and Joint. Legal Custody is the right and responsibility to make decisions about the rearing of the child. This includes issues such as education, religion, medical care, and discipline. Physical Custody is the right of a parent to have a child live with him or her. Courts will award legal and physical custody of a child to either one parent (Sole Custody) or both parents (Joint Custody). Sole Custody is where one parent possesses the custody of the child and is the decision maker. Joint Custody, also referred to as Shared Custody, allows both parents to share the decision making responsibilities. The court systems, in most states, are moving away from awarding Sole Custody to allow both parents to play an important role in their child’s life. All of these options should be discussed with one’s legal representative.

At The Law Offices of Benedict Schwarz, II our attorneys have the knowledge and experience to create solutions that will be considered “in the best interest of the children”. Our office is equipped with state of the art technology and software that allow us to research and develop the best case scenarios for your children and family. We know that the well being of the children is a main concern of clients. Our Attorneys will do everything within their power to make this emotional and stressful issue of Child Custody as painless and easy as possible.

If you have any questions, or would like more information on any of the issues mentioned, please contact our office at (847) 428-7725 or email .