Child Custody

Child custody and visitation can be emotionally charged and one of the biggest sources of conflict in a divorce or separation. Even with all the emotion that surrounds how and where children will be raised, many parents going through a separation or divorce are able to come to a fair and mutual agreement about custody, guardianship and visitation without going to court.

With the assistance of a family law attorney, issues can be resolved with a legal agreement (i.e., a parenting agreement) between the parties. This agreement usually forms part of a larger separation agreement that covers other issues as well, such as child support or the division of property. A separation agreement can be much more detailed than a court order, and more tailored and sensitive to the particular needs of the family.

If parents are able to comprise and reach agreement about co-parenting, an option that gives both parents a major role in the child's life is joint custody. With joint physical and legal custody the child usually resides with both parents for a significant amount of time during the year.  Both parents are informed and make decisions about the education, health and welfare of the child.

Other options are:

Sole physical and legal custody - the parent with whom the child lives makes all the decisions, but the other parent may still have visitation rights.

Sole physical and joint legal custody - the child resides with one parent the majority of the time and the other parent may have visitation rights. Both parents are informed and make decisions about the education, health and welfare of the child.

When possible, it is best to at least attempt to reach agreement on child custody without going to court.  Another option to resolve custody issues is through mediation.

It is not always possible or even advisable to avoid litigation (having a judge decide your case in court). In families where substance abuse, alcoholism, spouse abuse, or child abuse is occurring, it may be best for the court to intervene. Such behaviors raise serious safety issues and should be disclosed to your attorney immediately.

At Haas McNeil & Associates, P.A. we work to serve our clients' needs through personal relationships, interactive listening, and honest and open feedback. Our goal is to create resolutions that can allow for healing, whether through litigation or through affordable alternatives to litigation.