Dover Child Custody Lawyer

If you and your child’s other parent have chosen to part ways and are having trouble coming to a custody arrangement that works for both of you, speak with a knowledgeable Dover child custody attorney who can help ensure that your child’s best interests are always the number one priority.

Going through a separation or divorce is never easy. It can be particularly challenging for children, who may not understand what’s going on. During this time, it is of utmost importance that you and your former partner are able to work together to establish a parenting plan that will allow both parents to spend quality time with the children you share.

The attorneys at Barros, McNamara, Malkiewicz & Taylor have the experience you need to avoid having these choices made by the Delaware family courts. A Dover child custody lawyer at our firm will work with both parties to help ensure that your children aren’t put in the middle of a messy custody battle.

Delaware Custody Arrangements

There are a number of different ways that custody can be arranged in Delaware. The requirements aren’t very strict—the arrangement just needs to be what will work best for you and your children. Below, we discuss the different types of child custody. This will give you a better idea of what your situation may look like when all is said and done.

Legal Custody

The term legal custody refers to the parent who has the authority to make every major decision in the child’s life. This might include their healthcare, what religion they will be raised in, what extracurricular activities or sporting events they will participate in, where they will go to school, and any other important lifestyle choices that may arise.

Sole Custody

When one parent is awarded sole custody of their child, they will be the parent who makes every decision about their child. Sole custody allows the parent to make these choices without having to consider what the child’s other parent wishes, although they certainly can take the other parent’s wishes into consideration before coming to a decision.

Joint Custody

A joint custody agreement enables both parents to make important decisions regarding their children together. In these custody arrangements, one parent typically retains physical custody, while the other parent has visitation rights.

Physical Custody

If a parent is awarded physical custody, this refers to the parent whose home the children primarily reside at. Visitation with the other parent will occur at the other parent’s home. A parent who has physical custody is known as the custodial parent, while the other parent is known as the non-custodial parent.

Variations of Child Custody Arrangements

The aforementioned types of custody can be applied in a variety of ways. For example, the parents could agree to a joint legal custody arrangement, which would mean that both parents must make the decisions about their children together, with neither parent’s opinion carrying greater merit.

Conversely, in a sole legal custody agreement, the parent with sole custody will not be required to discuss the choices they’re going to make in regard to their shared children.

Parents can also enter into either a joint or sole physical custody agreement. Joint physical custody would mean that the children would spend quality time with their parents at both homes, with neither parent being considered the custodial parent.

A sole physical custody parenting plan enables the children to primarily reside with one parent and spend quality time at their other parent’s home during visits.

Setting Up Your Visitation Schedule

Delaware courts have established that it is important for children to spend quality time with both of their parents—when possible and safe. Depending on the age of the child, the courts may consider the child’s opinion with regard to which parent they may prefer to spend more time with.

You’ll likely want to adhere to common visitation guidelines that include one parent spending time with the children every other weekend and two overnights each week, two weeks of vacation time during summer vacations, and parents being assigned even- and odd-numbered years for each holiday (i.e., one parent has the children for Christmas in 2018, while the other has the children in 2019).

If you and your child’s other parent are able to come to an agreement that is different from these guidelines, and you can establish that this arrangement is in the best interests of your child, the courts will be more inclined to accept your parenting plan. Your child custody attorney in Dover can help you and your former partner devise a parenting plan that the courts will be amenable to.

Meet with a Dover Child Custody Attorney

When you need help coming up with a custody plan that works, get help from a qualified attorney at Barros, McNamara, Malkiewicz & Taylor.

A Dover child custody lawyer at our firm will fight to ensure that your children remain the top priority and that neither party is taken advantage of during this trying time in your lives. Schedule your initial consultation today by calling our office at 302-734-8400 or by filling out the brief contact form below.