Parents who file for divorce must decide who will care for the children. The courts expect that the adults will have a plan for equal parenting time. If the parents cannot agree on a plan for sharing custody, the court will have to decide what is best for the health and welfare of the children. Here are a few things you need to understand about child custody:
In the case of a divorce, both parents have the same parental rights. Both parents are expected to provide support for the child and share custody. They can work out a plan for doing this on their own and most often the courts will agree to it.
In cases where the parents cannot agree on sharing custody, the court will determine who will be the custodial parent (the one who will have physical custody) and who will be the non-custodial parent with rights for visitation. The custodial parent will be the one who will make all the decisions regarding the child.
Creating a Parenting Plan