Custody


The purpose of this page is to educate and to make you curious to learn more.

In Domestic Cases, a parenting plan or residential schedule is required.  This lays out the plan of who will care for the children and what are the parameters.

Personally, I do not like the word “custody” because it refers to an ownership.  The dictionary says custody is the process of determining the residence, protection, care and education of a minor child, such as the case of divorce, separation or parentage actions.

I like to think of parenting plans as the guidelines to sharing your children.

Obtaining Parenting Plan starts here –

  • Divorce
  • Parentage Action
  • Non-parental Custody
  • Adoption

A parenting plan or residential schedule (they are the same thing) are an outline of your child’s residential schedule.  Often a parenting plan is submitted at the beginning of a divorce action if children are involved. If you were not married, then you would need to establish parentage, the court has ways to address this issue as well.  These can be complicated issues.

It is important to put together a parenting plan that allows growing room. While there is no “parenting plan police” that governs to see if you are following your court ordered parenting plan, there are some guidelines that make working with your parenting plan more bearable and user friendly.

Imagine you are a co-CEO of a major corporation called Your Child.  You can not fire the other Co-CEO.  The well being of your child is important and it may be beneficial to learn to navigate the dynamics of your parental relationship with the other parent for the benefit of your child, unless there are parenting factors that prohibit the other parent or their ability to perform as a parent.  This can be complicated and that is why talking to a lawyer can help you make some well educated decisions.

Stop “push over parenting” and build a parenting team with your former spouse that empowers your parental bond to raise strong and confident children without fear of being sabotaged and undermined.

PARENTAGE ACTION

Parentage actions establish paternity in the event a child was born outside of a marriage. This allows the court to establish a parenting plan that shares or limits each parents parenting responsibility and functions.

NON-PARENTAL CUSTODY

Are you a relative, grandparent or concerned non-parental party and need to obtain custody of a minor to participate in education decisions, non-emergency health care and other important decisions that children require.

ADOPTION

There are different types of adoption.  Most common in family type cases, we see step-parent adoptions.  It is always good idea to consult with an attorney before making these decisions.