Our law firm is particularly knowledgeable in the area of child custody for married or domestic partners; Mr. Mednick has handled thousands of child custody cases, and will personally protect your children’s rights throughout the divorce process.
Best Interests of the Child
A divorce decree outlines the legal and physical custody of the children. It also specifies details regarding how and when the other parent can spend time with the children. Most of the time, parents are able to outline these terms between themselves or with the guidance of an attorney or mediator. However, sometimes it’s not that easy. When parents cannot come to an agreement regarding child custody terms, the court may step in and decide on their behalf based on the “best interests of the child.”
Although every case is unique, there are several factors considered by the court in determining an outcome based on best interests. Some of these factors include the age of the parents, forensic evaluation, alcohol and drug use, availability of parents, disability and physical health of the parents, domestic violence issues and home environment.
Types of Custody
Physical and Legal Custody: Also known as residential custody, physical custody refers to where the child lives. Legal custody determines which parent has the legal right to make decisions on behalf of the child. This includes educational, medical, and religious decisions.
Joint and Sole Custody: Joint custody means that both parents share legal authority to make decisions involving the child, as long as the parents can agree and work together on the decisions. Under joint custody, each parent has the right to veto the decisions of the other parent. If an agreement cannot be reached, a complete deadlock occurs.
Pendente Lite Custody: Also known as temporary custody, pendente lite means “pending the trial.” It refers to a custody order issued by the court before the trial but after a case has been filed.
Attorney for the Child: During custody and visitation disputes, an Attorney for the Child can be appointed by the court to represent the child’s interests. In order to better handle the case, the attorney might speak with forensic psychologists, therapists, or school personnel.
Contact the Law Offices of Ian S. Mednick
Attorney Ian S. Mednick is an experienced family law specialist who has been helping our clients resolve their child custody cases for many years.