Families are the most important thing in our lives. They provide us with unconditional love and support, no matter what we do or how we behave. This is why it’s so important to know you’re getting a fair deal when it comes to family law and custody agreements! In this blog post, we will discuss 10 vital facts for family law that every parent should be aware of before making any decisions about parenting plans and custody disputes.
Custody and Parenting Plans are Two Different Things
Although the terms “custody” and “parenting plan” tend to be used interchangeably, they refer to two different things. A parenting plan is a document that outlines what time each parent will spend with their children, where they’ll go during these visits (i.e., whether it’s at home or in daycare), who will care for them when the parents can’t be there, etc. Custody refers to which parent makes important decisions regarding their child(ren). For example, schooling choices, medical treatment choices, religion/faith choice – basically anything that falls outside of typical daily life such as extracurricular activities and social lives would fall under custody decisions; whereas, everyday decisions such as what they eat for breakfast and when to go to bed would fall under the parenting plan.
In short, custody always refers to the parent who makes important decisions regarding their child(ren), whereas a parenting plan can be seen as more of a schedule that outlines how much time each parent spends with their children during visits. In cases where parents have joint custody, both parents make these important decisions together about things like schooling choices and medical treatment, etc., but in different situations, one parent may need the other’s permission or signature before making certain types of major life-altering changes in regards to their kids (i.e., moving across the country). Custody agreements are made by courts based on evidence provided by family lawyers Sydney, whereas parenting plans are made by parents and their lawyers.
In family law, custody agreements typically mean that one parent has the right to make important decisions for a child or children without consulting/obtaining permission from the other parent, while a parenting plan means both parents have equal rights in making these types of decisions together about anything outside typical daily life such as school choices or medical treatment.
Joint Custody is Not Always the Best Option
Joint custody means that both parents have equal rights to make important decisions about their children, such as schooling choices or medical treatment. This often comes up in cases where a couple was never married and/or the children were born out of wedlock, but it can apply to any parent situation! Although this seems like a fair option for many families who split time with their kids equally after divorce or breakups, there are some situations when joint custody could be an extremely bad idea. For example, if one parent has sole legal custody (meaning they’re responsible for making all major life-altering decisions regarding their kid(s)), then awarding them joint physical would not only limit the other parent’s free time but could also be detrimental to the child(ren). Letting go of all decision-making power can cause a parent to feel helpless and resentful, which is not ideal for their children or anyone else in their family.
In short, joint custody only works well when both parents have equal rights over decisions regarding their kids’ lives outside typical daily responsibilities such as school choices or medical treatment; whereas if one parent has sole legal custody (i.e., they are responsible for making major life-altering decisions about things like education), it would make more sense for them to keep physical custody too because otherwise, they’d lose all decision-making power that comes with being awarded physical custody alone. It can even be dangerous letting go of all decision-making power when it comes to their children because parents could end up feeling helpless and resentful.
In family law cases, joint custody usually happens in situations where the couple was never married or if a child is born out of wedlock; however, this arrangement can also happen with any parent situation! While many families see joint custody as a good option for splitting time equally after divorce/breakups since both parents would have equal rights over major life decisions about things like education choices, some circumstances make this type of arrangement not ideal such as if one parent has sole legal custody (i.e., they’re responsible for making big changes regarding their children’s lives) then awarding them joint physical custody wouldn’t only limit the other parent’s free time, but could also be dangerous for the child(ren).
Essentially, joint custody can only work well when both parents have equal rights over decisions outside typical daily responsibilities such as school choices or medical treatment; whereas if one parent has sole legal custody (i.e., they are responsible for making big changes about their kids’ lives), it would make more sense to keep physical custody too because otherwise, they’d lose all decision-making power that comes with being awarded physical custody alone. It’s even detrimental to letting go of all decision-making power since other family members might end up feeling helpless and resentful!
