Trusted Child Custody Advisors Ensuring Fair Parenting Plans
Most of our clients going through divorce have one priority that is greater than anything else: their children. No parents want to be separated from their children. No parent wants to fight for their time to be with their kids. As your custody lawyers, we can help you find a working, lasting parenting plan.
Griese Law Firm, P.C.’s attorneys have extensive experience in divorce and family law, we have explored many complicated legal problems for our clients in Sioux Falls and across South Dakota. We provide compassion and empathy for this high-stress, high-emotion legal situation, but we also make a promise to our clients: we will be there at every step as your custody lawyers.
Child Custody Basics: What You Need To Know
Under South Dakota law, every parent has a right to time with their child. There are, of course, complicating factors, such as:
- Abuse
- Emotional instability
- Drug abuse
- criminal activity
But, when both parents are safe, caring parents, they both have an equal right to have time with their children.
South Dakota law and courts and judges all prefer a cooperative custody situation laid out in a parenting plan. And part of that is dictating that both parents share legal and physical custody of the children. But what is legal and physical custody?
Very briefly:
- Legal custody is the decision-making power of a parent, the ability to make choices about education and medical care, as well as signing waivers and being called by schools.
- Physical custody is the living with and personally caring for the child.
By virtue of logistics, it is impossible for both parents to share physical custody at the same time. But a joint physical and legal custody plan is the priority of a South Dakota parenting plan.
While it is possible to secure sole custody of your kids during divorce, it will require proving that the other parent represents a danger to the children, as described earlier.
Parenting Plans Up Close
The parenting plan is the negotiated agreement between two parents that dictates when each spends time with the child or children. This plan will be comprehensive and include points such as:
- Holiday schedules
- Vacation schedules
- Weekly handoffs
- School pickups
Comprehensive parenting plans can often include conditions about when to introduce kids to new partners and how to handle disagreements. These parenting plans are legal documents meant to encourage parents to work with each other. As your custody attorneys, we’ll pursue a plan that best meets your needs.
Child Custody Does Have An Impact On Support
Similar to child custody, South Dakota also recognizes that both parents have an obligation to provide financially for their children. Child support payments are closely tied to child custody. In fact, the parenting plan and physical custody split are primary considerations in the child support calculator.
Like all states, South Dakota maintains a complex, but accessible calculator that reviews the financial resources of both parents. It assesses income, familial wealth and home, as well as all your debts. However, if parents share full custody and are equally – or as close to equal as possible – scheduled for physical custody, the child support payment will likely be less.
One important note, as child support is an obligation, if your spouse is not paying what they owe, as your custody attorneys, we can pursue legal action. Often this can result in your spouse being held in contempt of court and possibly facing wage garnishment.
The Parenting Plan Is Not Set In Stone
One final note on your parenting plan is that it is not permanent. Life changes, such as new marriages or even new children, can impact your parenting plan. As things change, you can petition the court to update the document, so it better reflects your current life. Additionally, if your ex pursues a modification without adequate justification, you can oppose that. Our work as Custody attorneys has seen us on either side of these often highly disruptive disputes.
Answer Your Questions About Child Custody
It’s important to get answers, not only for your peace of mind but also to better plan for what comes next. Below are some of the answers to questions our clients often ask first upon meeting with us:
What factors do courts consider when determining child custody?
The number one guiding factor for the courts is the “best interests of the child,” which means their physical, emotional and social well-being matters. If one choice would reasonably improve the child’s outcome, the court will prioritize that.
What should I do if the other parent is not following the custody agreement?
If the other parent is not following the custody agreement and parenting plan, as your custody attorneys, we will file a lawsuit to get an enforcement. This is a court order, and if the court order is not followed, there are further consequences.
Can grandparents or other relatives obtain custody or visitation rights?
Under some circumstances, grandparents may petition the court for custody or visitation. However, these are rare, and the grandparent would have to demonstrate that a relationship with them is in the child’s best interests.
How does relocation affect custody arrangements?
Relocation plays a major part in custody arrangements. Typically, if one parent moves out of state, there will be a significant negotiation to resolve questions about the parenting plan. In some extreme cases, a court order blocking a move can be made.
Facing Your Ex Isn’t Easy, But We’ll Be There
When you’re experiencing a divorce and especially in custody proceedings, you will have to face your ex in court. You will have to contend with their ideas and principles and face all of those things you wished not to see anymore when you filed for divorce.
But we are your custody attorneys. We are on your side. And we will be by your side throughout your case. Reach out to us today by calling 605-221-8012 or sending an email using this online form.