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When Divorcing Parents Cannot Share Physical Custody and Cannot Come to an Agreement

When Divorcing Parents Cannot Share Physical Custody and Cannot Come to an Agreement

Child custody can become a contentious issue when divorcing parents both want primary physical custody. In some instances, a compromise of shared physical custody is not possible because they will not be living in the same area anymore. The situation can be volatile, with both parents bringing up each other's flaws and missteps. Each person needs a lawyer providing representation in the realm of Child custody and divorce to protect their interests.


Proceeding to Court


In the 21st Century, parents decide on custody matters without a judge intervening about 90 percent of the time, according to the American Psychological Association. child custody solicitors may need to reach this point during collaborative or mediation sessions. If child rights in divorce custody will not come to an agreement, the case proceeds to court. There, custody of illegitimate child may have witnesses testify.


An Example


Men and women can get particularly spiteful as they battle for custody. For example, one might use the other's physical disability as a reason why custody should not be granted. Family psychologists recommend leaving physical disabilities out of the discussion unless the parent truly could not care for the children without regular assistance. Even a scenario in which children must help out a little more around the home should not be considered a reason to deny custody. Many single disabled parents raise their youngsters in a happy, rewarding household.


Expert Witnesses


The lawyers may call in expert witnesses like impartial psychologists who can provide insight on the best interests of the children. This is the focus of the family court when making decisions about primary physical custody. Judges do not only consider the children's probable home life with each parent, but their situation in general. Would they have to move away from relatives and close friends? Would a move substantially change their lifestyle, such as from a rural area to a major urban one?


Liberal Visitation


Even when shared physical custody is impossible, the parent who is granted the privilege of primary physical custody is urged to allow liberal visitation. Family courts want both parents to be fully involved in raising the children, even if they live hundreds of miles apart. This is easier with today's digital technology. Scheduled visitation can be done with video chats, for example. Both parents are encouraged to attend special events in the children's lives whenever possible. They should make an effort for the noncustodial parent to see the youngsters in person as often as is feasible.

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