Are you truly keeping your case amicable?
One big concern in divorce cases with children is whether the parents will reach a custody and parenting time agreement. There are two types of custody: legal and physical. Legal custody is where the parties make major decisions about the child(ren) such as: where the kids go to school, what medical treatments they receive like receiving a vaccination, and other important legal matters. Physical custody is based on who has an established custodial environment with the child or children and not just the majority of parenting time. Parenting time is included in this type of custody where the parties have to make a schedule as to when each parent has the child(ren). Asking for 50/50 parenting time can impose many issues in a case if one parent is opposed to such parenting time. As an important reminder, the court basically requires the parties, through their attorneys if they are represented, to reach an agreement. This is expected to be done at or before mediation. The parties must work together to come to an agreement and that is oftentimes a difficult task. For example, if the parties cannot agree on an emergent issue, a motion has to the believed to force a binding order on the issue at hand. In conclusion, the difficulty often lies in finding a schedule that works and is suitable for the child(ren)s needs. A good lawyer is always needed to reduce conflict in divorce cases and not put fuel on the fire. We have learned through experience that to have a case be truly amicable, one has to be patient and informed and in line to accept the reality of the situation which may not always be what they want.