During divorce or separation, parents are often concerned about the well-being of their children.
We understand the negative impacts that divorce or separation can have on your child(ren) and work with our clients to negotiate custody (decision-making), access (parenting time) and prepare parenting agreements that prioritize the best interests of the children. Access or parenting is unique to each family’s circumstances, so we work with you to create schedules or plans that provide stability and predictability for both children and parents.
Frequently Asked Questions
What is the difference between custody (decision-making) and access (parenting time)?
Custody refers to decision making about a child’s health, education, religion, extracurricular activities, and well-being.
Divorcing or separating couples who are able to cooperate in making decisions about their child(ren) together often agree to have “joint custody” of the children. This means that the parents will make decisions about the children’s health, education, religion, extra-curricular activities, and well-being together. Sometimes, parents who have joint custody cannot agree on a particular issue concerning their children. These matters can be resolved through negotiation, mediation/arbitration, or through the Court.
In high conflict cases where the parents have demonstrated that they are unable to jointly make decisions about the child(ren) one parent will likely have or be awarded “sole custody” (sole decision-making). The parent who has sole custody of the children has the exclusive right to make decisions about the children’s health, education, religion, extra-curricular activities, and well-being. The non-custodial parent has the right to be informed about all matters regarding the children, and in most cases the non-custodial parent has the right to have access to their children.
Access/parenting schedules are different for every family and can range from shared parenting, where the child(ren) reside with each parent equally, to more limited time with one parent than the other, to supervised access/parenting. When determining the appropriate parenting plan, the primary consideration is the best interest of the child(ren).