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Who Gets Custody after Divorce?

When a person separates from their spouse and they file for divorce through a divorce attorney, they already have a lot of emotional pain and baggage to deal with. Unfortunately, in most cases, the emotional pain is not just limited to the relationship with their spouse but it extends on over to their children. The big question becomes ‘who will have custody of the child’. Before even going forward with what criteria is generally taken into consideration by the law, it is first important to understand the different types of custody.

There are four main categories; shared custody, sole custody, physical custody, and legal custody.

Shared custody: Shared custody is basically when both parents redeem relatively equal rights over making decisions for the child and they end up co-parenting the child between each other.

Sole custody: If one of the parents has a risk of hurting or abusing the child then sole custody is generally given to the custodial parent. This means that they are solely in charge of the child and can make important decisions for them. The other parent may or may not have visitation rights depending on which state they reside in.

Physical custody:  Physical custody decides where the child will live. Depending on the type of custody a person qualifies for (shared or sole) the child will live with the parents accordingly. In shared physical custody, the child generally lives some days in one parent’s home and some days in the other.

Legal custody: This allows parents to make important decisions (schooling, healthcare, religion, etc) for their child.

A person can win a mixture of the above types, such as:

  • Sole legal custody
  • Sole physical custody
  • Shared legal custody
  • Shared physical custody

Increasing chances to win custody battles

When one is undergoing a custody battle for their child they should try to understand what factors make them more favorable in the eyes of the court and they should always have a divorce attorney helping them out. Notably, the court always looks for what is in the benefit of the child. This makes the parent who is more actively involved in the child’s life have a much greater chance of winning custody.

Having enough finances to support oneself is also an important factor which is taken into consideration. However, it is not necessary that the individual with better finances will always win. Once again, the parent who helps the child with their daily routine, schooling, medical appointments, and similar factors stands a better chance of winning.

Get Professional Assistance

Naturally, every parent takes the matter of their children very seriously. If a parent wants to ensure they are fighting their hardest and that they are increasing their chances of winning custody of their child then they should make sure to get in touch with a divorce attorney from Dinsmorestark Attorneys and Law in Springfield, MA as soon as they possibly can. Having professional help during a custody dispute is extremely beneficial and can help turn the tables on how much right each parent will gain over their child.



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