Allocation of Parental Responsibilities (Custody)

When a couple ending their relationship has children, the most difficult part of the process is determining how time with the children will be shared and how significant decisions affecting the children will be made.  Ideally, parents will agree on the Parenting Time schedule and Decision-making allocation that is in their children’s best interests, in which case a full Parenting Plan can be drafted and submitted to the Court for approval. When this happens, children are insulated from conflict and the parents have set themselves up for a future of cooperative coparenting, which is in everyone’s emotional and financial best interests.

Unfortunately, this type of cooperation does not always happen.  In certain circumstances, there can be legitimate concerns with parenting abilities that are not seen by the parent.  In other circumstances it might be that parents are unable to realize their own limitations.  In still other circumstances, it may be that emotions have simply gotten the best one or both parents.  Regardless of the reason, it is often the case that parents’ views of what is in their children’s interests do not line up and a fight over how parental responsibilities should be allocated ensues.

In situations where parents are unable to agree, responsibility for determining what is in the children’s best interests falls to the Court.  Factors Courts consider in determining the children’s best interests include the wishes of the parents, the wishes of the children, the past pattern of involvement of the parents, the ability of the parents to place the needs of the children ahead of their own, the ability of parents to encourage the relationship of the children with the other parent, and so on.  As Courts will only have limited knowledge of your family, they will often bring in outside professionals to investigate the parties and provide the Court with the additional information that it needs. These professionals may include a Parental Responsibilities Evaluator, a Child and Family Investigator, a Child’s Legal Representative, a Substance Use Evaluator, or a Psychological Evaluator.

Whether your case proceeds cooperatively or in a contested manner, it is important that you work with an attorney who understand the legal process, has an understanding of when and how experts should become involved, has the experience to adjust to the changing dynamics of your case (as will inevitably be necessary), is capable of working cooperatively with the other party, has the ability to advocate your case effectively in the courtroom, and has the wisdom to guide you in a calm and understanding manner with both your and your children’s emotional well-being in mind.

Both Nathan and Karen, as parents, have navigated the divorce process for themselves and their children, and they understand the importance of the issues parents are confronted with when involved in the court system.  Additionally, with more than two decades of experience helping parents utilize the tools available to them within the court system, Nathan’s advice is invaluable and will set parents up for the best possible outcome, while also reducing the overwhelming stress that would otherwise be felt when confronted with the impersonal court system.

Assisting parents in making the best choices for their children and helping to ensure the children’s safety and well-being are top priorities for Nathan and Karen when working on child-centered cases.