Difficult Decisions: How Child Custody is Usually Handled

For married couples considering or currently going through a divorce, many questions and fears will undoubtedly come up. Who will the house go to? What about the cars, bank accounts and even debt? There’s a lot to process during a divorce, but perhaps the most important factor is child custody.

If you and your spouse have children, then deciding who will gain custody of them, or if custody will be shared, is not easy. In fact, tensions and emotions may rise during the process, and that’s absolutely understandable. The fact of the matter is that child custody is a very sensitive topic that many couples with kids will have to face. Let’s go over how child custody decisions are usually handled.

Deciding which spouse will care for a child can be a tough decision. Contact our family law attorneys in McAllen today to help make your experience less hectic.

Your Concerns

In any situation where spouses are dealing with child custody rights, there are several questions that should be addressed. If going through a divorce, you and your wife/husband will need to discuss how your children’s living arrangements will be handled. If you’ve agreed to limited custody, then discussing how raising the children must be done. These types of concerns are typically at the heart of child custody cases, and as such, it’s extremely important to know how the process is handled.

Important Decisions

While going through the divorce process, you’ll probably be wondering how child custody will be handled. Can you and your spouse decide who will take care of the kids? If you two can’t come to an agreement, will someone else do it for you? Along with property division, alimony and even child support, child custody is typically resolved either by the spouses with the assistance of their attorneys, or the court. In most cases, custody is resolved through one of three ways that include:

  • The parents agreeing on who will gain full custody, as we mentioned above, through informal settlement negotiations. This can be done with the help of attorneys.
  • Out-of-court dispute resolution proceedings that involve collaborative law. This is also done in the presence of attorneys.
  • Allowing a court to decide if the two spouses are unable to come to an agreement.

It may be an unsettling thought to consider a court deciding who will gain custody of your children. This is why it’s greatly encouraged to allow an attorney to help you come to a decision.

Here to Help You

Divorcing spouses already have so much to deal with, and addressed their child’s needs can make things extremely overwhelming. However, many parents know that their children’s well-being is the most important thing to consider, especially during a period where emotions will be running high and great changes are taking place. If you’re unsure of how to go about determining your child’s welfare after your divorce is finalized, then contact us. We want nothing more than for your family to overcome this difficult time. Our family law attorneys in McAllen are ready to hear your story.

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