Custody of minor children is often the top priority for those going through a divorce. The courts make decisions based on what is in the best interest of the child. It is important for both spouses to come together to determine the best environment for their children.
If an agreement cannot be reached, the Family Court judge will decide on custody based on various factors such as the child’s age, the parents’ mental and physical health, the bond between the parent and child, economic conditions, the child’s environment, and the child’s own choices if they are 12 years or older. The court may grant joint custody or sole custody to one parent. Even if one parent has sole custody, the other parent may be granted “reasonable visitation.” It is important to come to an agreement on visitation and file it with the court to make it legally binding. However, if both spouses cannot come to an agreement, the court may schedule visitation. I
t is essential to consult a family law attorney in special circumstances such as violence against the child by an ex-spouse. Overall, it is wise to consult with your spouse before filing for divorce to agree on custody arrangements