Divorce can bring a number of emotional issues to the table, and child custody can be one of the most contentious of those. Read on to learn more about a very particular aspect of child custody: separating siblings through a custody plan.
Deciding Child Custody
In a best-case scenario, the parents get together and decide what is best for the health and well-being of their child. A plan for dealing with who has custody and the visitation arrangements can be created by the two people who love, know, and care about the children. The alternative is to make the issue into a battle, which puts a virtual stranger (the judge) in charge of making important and sensitive decisions.
When the Judge Makes the Decision
The judge makes child custody decisions based on the best interest of the child. This means that if you and your spouse fail to come to an agreement outside of court, the arrangements are made in view of what is best for the child and not necessarily that of the parents. While each state has varying rules about what the best interest of the child means, it might include the following:
Keeping Siblings Together
Divorce can be tough on children, and their relationship with their siblings may be a major source of security, sameness, and support during a stressful time. If the children have typical sibling relationships with each other, they may be better off staying together. In fact, most judges are extremely reluctant to separate siblings unless there are extreme or rare circumstances.
Separating Siblings
While rare, there are circumstances that call for split custody arrangements between siblings. Not all siblings are close, either in their relationship in or age. For example, a newborn baby may be best left with the mother while a sibling teenage son might do better with the father. Each case must be decided on its own merits, but the judge will seldom be the one to suggest a split arrangement without prompting from one or more parents. If siblings are separated, special arrangements are put in place in which the siblings are ordered to spend time together. Here are a few reasons why siblings might be separated:
Making a decision to split up siblings in a divorce can be emotionally and legally challenging. Speak to a child custody attorney to learn more today.