Divorce Custody

When a couple ends their marriage, the question of custody of the minor children will have to be settled. When the parties in the divorce can settle this amicably, it is best for the children, but in some cases there will have to be hearings, testimony and evidence presented before a divorce/custody court. If the parents can work out their own arrangements, they can have the papers drawn up and notarized on their own, but if not they will have to fight for custody in courts. The longer that a case goes, the more expensive it becomes and lawyers' fees can quickly add up.

Fast Facts

  • From a legal standpoint there are two types of custody: physical and legal. The physical parent is the one who physically resides with the child the majority of the time, while the legal custodian is the one who is obligated to make legal, religious, educational and health-related decisions for the child.
  • If a couple cannot resolve their custody disagreements without resorting to litigation, the judge may appoint a guardian ad litem who works for the benefit of the child alone. The guardian ad litem will talk with the child (depending on age) and may interview others to find the best situation for the child.

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