Where will the children's primary residence be after a divorce? How will visitation work, and who is responsible for handling the costs associated with raising the kids? These are two questions that may be weighing on your mind if you and your spouse have decided to separate and go through divorce proceedings.
Go Over Your Options
A custody attorney will assist with preparing a court proposal, based upon your children's best interests, your resources, and the schedule that you maintain. For example, imagine that you travel out of town a lot and are only at your primary residence for a couple days each week. In this case, the other parent would likely become the main caregiver and your children would live with them for the majority of the year. Unless you would be willing to alter your schedule and forego visits to other locations, it wouldn't make sense to seek full-time custody of the children.
Another scenario is if you have a full-time job that covers all of your expenses, are home every evening, and have ample living space for your children. In this situation, seeking primary custody would make sense. You will be able to demonstrate that you are able to provide for your children's needs and give them a stable environment to thrive in. Of course, your partner's preferences and living arrangements will be explored too.
Attempt To Come To An Agreement
If you have a somewhat amicable relationship with your soon-to-be ex-spouse, maybe the two of you can work out an arrangement that is fair to everyone in your family. Joint custody, which will allow both of you to spend equal amounts of time with the children, or a flexible visitation schedule can be set up.
If the other party is bitter and adamant about seeking primary custody and attempting to limit your time with your kids, you have a fight on your hands and will need to allow your attorney to formulate a gameplan. Proving your worthiness and disproving your spouses' statements can assist with winning your case. Things can get heated between the two of you, and negative words may be expressed.
This is why it is best to do all of your communicating through your attorney. You do not want to act in a manner that could be seen as threatening because it could hurt your case and your spouse could be awarded custody, in spite of your efforts to prevent this from occurring.