Types of Custody in Hamilton County

In child custody cases, there are many terms to describe the rights and responsibilities of divorcing parents. Parenting authority and time spent with the child are not always split 50-50, and parenting plans can lay out varying arrangements to fit the specific situation.

To learn about the types of custody in Hamilton County, it is best to consult a legal professional who focuses on this area of law. The knowledgeable lawyers at Yates & Wheland could answer your questions and help seek an arrangement that works for you and your co-parent.

What is a Custody Order?

A custody order is a court order that designates how divorced parties will parent their children. This plan could outline various rights and responsibilities of parents, such as:

  • How much time the children spend with each parent
  • The nature and structure of visitation on a regular basis and for holidays
  • Whether both parents will be involved in healthcare and medical decisions
  • What education the child will receive
  • What religious upbringing the child will receive, if any

In Hamilton County, there typically must be a child support guidelines worksheet attached to the parenting plan as well, which a dedicated lawyer could assist with.

Legal vs. Physical Custody

Legal custody refers to the right to make decisions on major issues that affect the child. A parent with legal custody may decide on matters related to religion, education, and medical care for their child. If parents share joint legal custody, they have equal rights to make important parenting decisions.

Physical custody involves the amount of time that each parent spends with their child. The parent with primary physical or residential custody is the one that primarily lives with the child. It is possible for both parents to have equal amounts of time with the child, but typically one parent has primary physical custody while the other arranges for visitation time. An experienced lawyer in Hamilton County could further explain the differences between these two types of custody.

Benefits of Shared Custody

It is best to figure out a plan that resembles what the child was used to before the divorce. The priority is not necessarily about the parents’ rights to have an equal amount of time with their child. Rather, the priority is the child’s right to have some stability in their life while maintaining the best relationship possible with each of their parents.

A dedicated local attorney could discuss what type of custody arrangement might best preserve a child’s interests in a specific case. An attorney may encourage a parent to take a step back and evaluate their kid’s life and needs. The court’s focus in any custody case is going to be the child’s best interests, which is often whatever arrangement provides the most stability and predictability.

Is a Custody Order Mandatory in Hamilton County?

Sometimes, unmarried people do not need a court order to address custody of their children. If divorced parents can communicate and reach agreements on decisions for their children, there may not be a need for the court to get involved.

However, if there is a dispute, a parent may need to contact legal counsel to help file a lawsuit for custody and/or visitation. In any case, it is beneficial for parents to have an agreed-upon parenting plan if they are not living together. A parenting plan is different from but can be incorporated into a court order if necessary. It is good to work with a nearby attorney to create a document that reflects what the parents have agreed on in terms of custody and visitation.

Discuss Options for Custody Arrangements with a Hamilton County Lawyer

Whether you can peacefully come to an agreement on a parenting plan with your ex-spouse or are embroiled in disputes, reach out to an attorney at Yates & Wheland. Our dedicated legal team can walk you through the types of custody in Hamilton County and offer advice on protecting the best interests of your child. Set up a consultation by calling us today.

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