Even if your relationship with your spouse is amicable, getting a divorce is emotionally and physically difficult. The situation gets further complicated if children are in the picture as custody battles are often challenging for everyone involved.
If you are seeking a divorce and have children, you need to understand the child custody aspect of the divorce process. In the US, most states will offer primarily two types of child custodies, sole custody and joint custody. This post explains, in short, different types of child custodies and whether or not you can get full custody after you have been awarded joint custody in Hutchinson, MN.
1. What Is Joint Custody?
Joint custody, also called shared custody, is where the family court allows both parents to remain involved in their children’s lives. As joint custody is often in the best interest of the children’s development, most family courts in the country will favor this arrangement.
Joint custody is of three types. Depending on the circumstances of your case, the court may award legal joint custody or physical joint custody or both.
A. Joint Legal Custody
It allows both parents to be involved in all the major decisions regarding the upbringing of their children. It usually involves decisions about medical care, education, religious upbringing, and any other major decisions that may impact their lives.
Both parents have the right to take these decisions jointly. In short, if you take any of these decisions without consulting your spouse, he or she may take you to the court. This may affect your present custody arrangement negatively.
B. Joint Physical Custody
Joint physical custody, as the name suggests, allows both parents to spend considerable time with their children. In most cases, the child will stay with one parent, while the other parent will have visitation rights. The visitation or parenting schedule is court-ordered.
However, as any experienced child custody lawyer in Hutchinson would tell you, joint physical custody works best if both parents live nearby, or at least in the same city. If one of the parents is located in a different state or country, sharing parenting time is impractical for children.
C. Joint Legal and Physical Custody
This is a combined joint custody, where both parents share legal and physical custody of the children jointly. When you share any of these three types of joint custodies, you have to work out a schedule with your spouse to provide your children with the best family and social life.
2. What Is Sole or Full Custody?
When it comes to sole custody, also called full custody, one parent, called the custodial parent, usually gets all the parenting responsibility. As a custodial parent, you will have the right and the responsibility of both legal and physical custody of the children.
However, it doesn’t mean only one parent is involved in the lives of the children. The court will still award limited or even generous visitation rights to the non-custodial parent, depending on the circumstances of your case.
Most family courts are not in favor of full custody as it is not usually in the best interest of the children. Children often need the interaction of both parents for a better mental and physical upbringing.
However, if one of the parents is ill, disabled, mentally unstable, or otherwise incapacitated, has a criminal record, has an history of abuse or domestic violence, drug addiction or substance abuse, among other things, the court may decide to award full custody to the other parent. You should consult an experienced child custody lawyer in Hutchinson and discuss your case in detail to understand your custody options.
3. Can You Get Sole Custody after Joint Custody in Hutchinson, MN?
Most custody arrangements are open to modification. As the circumstances change, you can go to the court to change your existing custody arrangement. However, to get full custody after you have received joint custody, you must prove the change in circumstances to the court.
Custody battles are often challenging. So, you must prepare yourself before going into one. Seeking sole custody out of vengeance for your ex is never a good idea. You must, always, put your children’s best interest at the front and center of your decision. However, if the situation truly requires you to seek sole custody, you should get the right legal help as soon as possible.
In other words, you need to consult an experienced child custody lawyer in Hutchinson to explore your legal options. Your legal counsel will not only provide you with the right advice, but also help you gather the required evidence and represent you in the best possible manner.
As most custody arrangements are open to modification, it is possible to win full custody after having joint custody in Hutchinson, MN. However, custody battles are usually tough and complicated, requiring you to seek proper legal advice and representation in the family court. Once you have prepared thoroughly, you can go to the court to get full custody of your children.
Consult an Experienced Child Custody Lawyer in Hutchinson
If you or your loved one wants to get full custody after joint custody or is seeking a divorce, Carlson & Jones, P.A. is one of the best legal advisors you can find. As experienced child custody lawyers in Hutchinson, MN, we have helped many parents get the best possible outcomes in their custody battles. Call us on 855-762-6548 or contact us online to know more about our family law services.