We encourage parents to work together, either through attorney-led negotiations or in the free mediation program provided by our courts for the best child custody outcomes; however, we will represent you in court proceedings if no agreement can be reached.

                                                        CHILD CUSTODY

Legal custody and physical custody are two distinct aspects of child custody arrangements Here are the differences between them:

     1.    Legal Custody:

Legal custody refers to the right and responsibility to make important decisions regarding a child’s upbringing, well-being, and future. These decisions can include matters related to education, healthcare, religious upbringing, and other significant life choices. When parents share legal custody, they must communicate and collaborate on these decisions, even if the child primarily resides with one parent. Legal custody doesn’t dictate where the child lives on a day-to-day basis.

     2.    Physical Custody:

Physical custody refers to where the child physically resides. It involves the routine care, housing, and daily activities of the child. Physical custody can be joint/shared (where the child spends substantial time with both parents), primary physical custody/visitation (where the child primarily resides with one parent and has visitation with the other), or sole custody (where the child lives with only one parent all of the time). The parent with physical custody by way of visitation typically has the child during scheduled periods, such as weekdays, weekends, holidays, and vacations.

     It is important to note that child custody arrangements can take various forms, and they are determined based on the best interests of the child. Each family’s situation is unique, and child custody arrangements should be designed to suit the needs and well-being of the children involved.

     When establishing child custody arrangements, it is advisable to consult with an experienced child custody attorney who can help you understand your rights and responsibilities, the best interests of your children, give you insight into what the court has decided in similar cases, and guide you through the entire legal process-whether that be negotiated settlements or litigation. Additionally, courts prioritize creating arrangements that promote the child’s stability, safety, and overall best interests.

         TECHNOLOGY ADVANCES TO HELP EVERYONE STAY ON THE SAME PAGE

There are several software and apps designed to help parents manage their child custody schedules and co-parenting responsibilities more efficiently. Here are a few popular options:

     1.    OurFamilyWizard: This is our favorite. It is a comprehensive co-parenting app that offers features like shared calendars, expense tracking, messaging, and the ability to document communication for legal purposes.

     2.    2Houses: This app provides tools for managing custody schedules, communication, and expenses. It allows parents to easily coordinate and stay organized.

     3.    Coparently: This app offers shared calendars, expense tracking, messaging, and a secure platform for co-parents to manage all aspects of their parenting arrangements.

     4.    AppClose: AppClose provides shared calendars, expense tracking, messaging, and even a “Check-in” feature that allows parents to confirm their location during scheduled parenting time.

     5.    TalkingParents: This communication-focused app keeps a record of all messages between parents, providing a reliable way to track conversations for legal purposes.

     6.    Custody X Change: This software is known for its comprehensive custody scheduling and parenting plan tools. It allows you to create visual custody schedules and track parenting time.

     These apps can vary in terms of features, pricing, and user interface, so it’s a good idea to explore them to find the one that best suits your needs and preferences. Keep in mind that effective co-parenting involves open communication and cooperation, so choose an app that all parties find easy to use and that facilitates positive interactions.

                                     INTERSTATE CHILD CUSTODY DISPUTES

The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is a uniform state law that has been adopted by most U.S. states to provide consistency and clarity in matters related to child custody jurisdiction across state lines. The UCCJEA aims to prevent conflicting custody orders and to ensure that the state with the closest connection to the child’s circumstances has the authority to make custody decisions.

By establishing consistent rules for determining jurisdiction, the UCCJEA aims to protect the well-being and stability of children involved in custody disputes.

It’s important to note that while the UCCJEA has been adopted by most states, it a very complex set of laws and there may be variations in how it is interpreted and applied in different jurisdictions. If you are facing a child custody situation that involves multiple states, it’s advisable to consult with An experienced child custody attorney who is familiar with the UCCJEA and the laws of the relevant states.

                                      EX PARTE EMERGENCY CHILD CUSTODY

An ex parte emergency child custody order is a legal order issued by a court on an emergency basis, without giving prior notice to the other party involved. This type of order is typically granted when there is an immediate and serious threat to the safety or well-being of a child. It allows a court to take swift action to protect a child from harm or danger without waiting for a full hearing or formal process.

Ex parte emergency custody orders are meant to be used in genuine emergencies where there is a risk of harm to the child. The goal is to ensure the child’s safety while allowing due process for both parties to present their sides of the situation. If you believe that an ex parte emergency custody order is necessary, it’s important to consult with an attorney who specializes in family law and child custody matters.

                                                TEMPORARY CHILD CUSTODY

A temporary child custody order is a legal court order that outlines the temporary child custody arrangement for a child during the period leading up to a final child custody determination. These orders can be negotiated or decided by a Judge at a court hearing. The purpose of a temporary custody order is to provide stability and ensure the child’s well-being while the legal process unfolds.

     Key points about temporary custody orders:

     1.    Interim Arrangement: A temporary child custody order establishes a temporary custody arrangement for the child while the parties await a final decision on custody, either through negotiation, mediation, or a court trial.

     2.    Timeframe: Temporary custody orders are in effect typically until a formal custody hearing or the resolution of the legal proceedings. They provide a sense of stability for the child during a period of transition.

     3.    Best Interests of the Child: The court’s primary consideration in issuing a temporary child custody order is the best interests of the child. Factors such as the child’s safety, stability, relationship with each parent, and overall well-being are taken into account.

     4.    Legal Process: Temporary custody orders can be requested by either parent through the appropriate legal channels. They may be issued after a hearing where both parties present their affidavits of witnesses, or they may be agreed upon through negotiation or mediation.

     5.    Transitional Arrangement: Temporary custody orders often serve as transitional arrangements until a final custody arrangement is determined. The final arrangement may be agreed upon by both parents or decided by a court.

     6.    Incorporated into Final Order: In some cases, the terms of a temporary custody order may be incorporated into the final custody order if they continue to be in the child’s best interests.

     Temporary custody orders play a crucial role in ensuring that children have a stable living environment while their parents navigate the legal process. If you are facing a situation involving child custody, it’s important to consult with a family law attorney who can guide you through the legal proceedings and help you understand your rights and options related to temporary custody orders.