CHILD CUSTODY

Within the framework of family law, the term custody means having the right and the obligation to make decisions about a child’s upbringing. Switalski Law understands how to manage these cases in a careful, moral, and thoughtful manner. Examples of what a parent with legal custody can make decisions on include:

Schooling
Religious Upbringing
Medical Care

This is often one of the most contentious areas of family practice that is often complicated by changing social norms, values, roles of each parent and the influence of extended family or the beginning of blended families and more. And as society changes, so does the law on custody and appropriately so though perhaps never fast enough (we especially see this in the area of legal prescription drug use – marijuana, methadone, etc).

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“Your children are your most precious asset. You need an attorney experienced in all areas of family law that can help you navigate this complex field.”

– Judge Mark (Ret) and Jodi Switalski

Learn More About Child Custody

Switalski Law knows that child custody disputes are resolved through the application of state laws and the “best interests of the child” standard applies if there is a custody dispute between parents, between agencies, or between third persons. There is a strong presumption for joint legal custody between the parties and only when extreme situations exist between the parties will the court deviate from each parents right to make decisions about and for their child(ren). The court will often enter orders for physical custody of the child(ren) as well.

Four different types of custody exist:

Legal custody is the decision making authority over the child’s upbringing and well being.
Physical custody is based upon where the child will live on a regular basis. There can be an order for joint legal custody but a different number of overnights or disproportionate parenting time schedule. See parenting time for further understanding.
Joint custody means that both parties share authority and living arrangements for the child.
Sole custody to one of the parties can be awarded, though rare, in cases without the presence of abuse, absence, substance abuse, or other issues that necessitate that the best interests of the minor children are served by one parent primarily making the decisions about their well being and/or where they reside with frequency.

Bottom line, nothing is more important than securing your child’s custody during the separation of your family. Why trust this to someone with less experience?