What To Know About Divorce and Child Custody

  • Posted on: Sep 15 2022
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Oftentimes, a spouse may believe that sole custody will be awarded to them after getting divorced. However, a divorce court will likely grant joint custody in most cases, unless there are extenuating circumstances. Regardless, the child’s best interests will be in mind as the court comes to a decision.

Below are a few things to know when going through a child custody hearing.

You Need to be Prepared

A part of having a successful child custody hearing is ensuring that you understand the laws governing it. By getting in touch with a divorce attorney, they can help explain the process and help you understand what you can expect. Make sure that you leave feeling well-informed about what the judge may decide.

Child Custody does not equal Full Control

It is important to understand the difference between child custody and full control of the children. The court is likely going to grant joint custody if both parents are able, but only one will have full control of the children. When joint custody is awarded, it is meant to be a reminder to both parents that their parental responsibilities are not terminated just because the marriage is terminated.

Many divorce courts encourage both spouses to remain as an active part of their child’s life. When the parents co-parent, the parent with full control makes the decisions for the child that lives with them.

Your attorney can provide a greater amount of detail as far as the differences and what your position will be as far as custody is concerned throughout the divorce.

You Will Have Struggles

When you are the father figure, most likely the mother will have the full control of the children. However, there may be instances where the father is deemed more fit than the mother. This may be particularly true if you have been more active in the child’s life than the mother before the divorce was a thought.

No matter what, there needs to be a good amount of communication between mother and father. Plus, the children will need to be accustomed to the new arrangement. Your attorney will be able to guide you in the right direction.

It’s Your Right To See The Children

If full control of the children is awarded to your ex-spouse, then you will likely receive full access through an agreed upon arrangement.

This access will be stipulated within the order of the court. If your ex-spouse denies you visiting rights, then you need to be in touch with your attorney and the court so that the issue can be resolved.

The Children Can Choose Who To Be With

As part of the divorce and child custody hearing, the children will be heard by the court. The court will then consider the children´s decision based on what their best interests are.


When you see yourself going through child custody, you should get in touch with our office today. Our divorce attorney´s will review your case so that you have the most information.

Posted in: Divorce Law, Family Law