Menu Close

Who Gets Custody of Our Child in a Divorce?

Divorce is not easy, especially when there are children involved. There is a lot more to consider, such as where the child will reside and go to school. When determining who gets physical custody, the court does so based on the best interests of the child.  The best interests of the child are composed of many factors of how the child will be impacted physically, intellectually, morally, and spiritually by the schedule and amount of time spent in each parent’s household.

In some cases, parents will have joint physical custody. Joint physical custody is when the custody of the child is shared between both parents, and an arrangement is made for when the child is with each parent. This allows continuous contact between the child and both parents.

In other cases, one parent will have primary physical custody of the child, with their home being the place the child spends the majority of the time. This is more likely if the parents live a significant distance from one another or one of the parents has a work schedule that is unaccommodating. However, the parents would still share legal custody. This includes the right to make major life decisions, such as medical treatment, schooling and other matters.

In very few cases, it may be determined that sole physical custody is the best option. The situation is rare and usually an indicator that something is significantly amiss in the noncustodial parent’s household.

When creating a schedule, work schedules for both parents, the time children are in school, and where the parents reside in relation to one another must be considered. If both parents choose to live in close proximity to each other, the schedule can have more flexibility. Once parents have a working day to day schedule and learn to work together, things like a simple swap can be worked out amongst the parents without court involvement. This flexibility accommodates vacations, holidays and special events, helping the children and parents to be less stressed.

In the end, you want to do your best to not bring your children into the middle of your divorce. Also, try your best to make the transition smooth for your child. Always take their best interest to heart, no matter what type of divorce you’re going through. By having a custody schedule in the court system, even if it is a schedule that both of you agreed to, you can significantly minimize conflicts and arguments. All this goes a long way in making things easier for your child.

If you and your spouse have decided divorce is the only solution, give us a call. We have a lawyer on staff who can work with you through your divorce and custody of your children, as well as similar services like child support.

Sher & Associates, P.C. is a law firm located in Kutztown PA that can assist you in any of the following areas: business law, real estate law, family law, equine law and estate planning. We assist many individuals, businesses and families in and around Fleetwood PA, Blandon PA, Topton PA, Hamburg PA and Schuylkill Haven PA.

Share this article:


Disclaimer: Any information contained on this website is not intended as legal advice and does not create an attorney-client relationship.

Skip to content