Splitting Time With Divorced Parents
Feb. 16, 2025
When parents go through a divorce, one of the most emotionally challenging aspects they face is how to split time with their children. As an Alabama divorce lawyer, I frequently work with clients who are struggling to come to an agreement on a parenting plan that works for everyone involved.
The process can be particularly difficult, as decisions about custody and visitation affect children the most. Serving Seattle, Washington, Hallack Law, PLLC will address the key considerations in creating a time-sharing agreement post-divorce.
Different Types of Custody
Before going into the details of splitting time with your children, it’s important to understand the two main types of custody in Alabama: legal custody and physical custody.
Legal custody: The right of a parent to make important decisions about their child’s upbringing, including matters such as education, healthcare, and religious training. In Alabama, the courts typically favor joint legal custody unless there’s a reason why one parent should have sole decision-making authority.
Physical custody: Where the child lives and how much time they spend with each parent. Alabama courts prefer to allocate physical custody in a way that allows children to maintain meaningful relationships with both parents, which often leads to joint physical custody arrangements.
It’s important to note that, while joint custody is generally the preference, it doesn’t always mean that parents will have equal time with the child. The amount of time each parent spends with their child will depend on various factors, which I’ll address below.
When Courts Determine Custody Arrangements
In many divorce cases, parents are able to reach an agreement on custody and time-sharing without the need for judicial intervention. However, in cases where parents can’t agree, the court will step in to make the decision. As a divorce lawyer, it’s my job to make sure that my client’s rights are protected while keeping their child’s best interests front and center.
Alabama’s family law is rooted in the best interests of the child standard. This means that the court will make custody decisions based on what will best serve the child’s emotional, physical, and mental well-being. Some of the factors the court will consider include:
The child’s age and developmental needs: Younger children may require more stability and a primary caregiver, while older children may benefit from spending time with both parents in a more equal arrangement.
The parent’s ability to cooperate: If parents are unable to communicate effectively and work together for the child’s benefit, this could impact the court’s decision on custody.
The child’s relationship with each parent: The court will consider the emotional bonds the child has with each parent, along with any evidence of neglect, abuse, or domestic violence.
Each parent’s living situation: The court will assess whether each parent’s home is stable and whether they can provide for the child’s basic needs.
It’s important to note that in cases where there are allegations of domestic violence or substance abuse, the court may award sole custody to one parent, often with restricted visitation rights for the other.
The Benefits of Joint Custody Arrangements
While joint custody arrangements aren’t always feasible, they can be a positive outcome for families where both parents are capable of sharing responsibilities. I often advise clients that joint custody allows children to maintain strong relationships with both parents, which is crucial for their emotional and mental health.
There are two main types of joint custody arrangements:
Joint legal custody: This allows both parents to make decisions together about the child’s upbringing. It can work well when parents can communicate and collaborate on issues such as education and healthcare.
Joint physical custody: This involves splitting the child’s time between both parents in a way that provides each parent with a significant amount of time. The goal is to make sure that the child has a consistent and meaningful relationship with both parents, even if they don’t live together.
When parents are able to successfully co-parent, joint custody can provide children with a sense of security and stability. It allows children to see that both parents are involved in their lives and that they’re equally important to both of them. However, joint custody requires a high level of cooperation, which may not be possible in every divorce case.
What to Consider When Creating a Parenting Plan
One of the first steps in splitting time with your children after a divorce is creating a parenting plan. This plan outlines the details of how custody and visitation will be shared between parents. It’s essential to approach this plan with the child’s best interests in mind and work with your divorce lawyer to verify that it meets all legal requirements.
A well-drafted parenting plan should include:
Custody schedule: This should specify how much time the child will spend with each parent. It can be as simple as alternating weekends, or it can be a more detailed schedule that accounts for holidays, school breaks, and special occasions.
Decision-making: This outlines how important decisions will be made, including whether both parents will need to agree on matters like medical care or schooling.
Communication guidelines: Establishing clear communication rules can help reduce conflict and confusion. This may include how parents will communicate about the child’s needs, how to handle scheduling conflicts, and how to share information about the child’s well-being.
Dispute resolution: In the event that a disagreement arises, the parenting plan should include a process for resolving disputes. This might involve mediation or another method of alternative dispute resolution.
Visitation details: The plan should also outline how and when visitation will occur, including transportation arrangements and who will pick up and drop off the child.
As a divorce lawyer, I always encourage my clients to focus on flexibility and cooperation when creating a parenting plan. Life after divorce is constantly changing, and it’s essential to remain adaptable as circumstances evolve. Clear communication is key, and being open to adjustments will make the transition smoother for everyone involved, especially the child.
The Importance of Co-Parenting and Communication
One of the most important aspects of splitting time with your children after a divorce is the ability to co-parent effectively. Co-parenting doesn’t mean that parents have to be best friends, but it does require mutual respect and a willingness to work together for the child’s well-being.
Communication is crucial to successful co-parenting. Both parents should be open to discussing issues related to the child’s care and needs. In my experience as a divorce lawyer, parents who can communicate clearly and constructively are more likely to reach agreements on time-sharing and custody matters without the need for court intervention.
When parents struggle with communication, it can negatively affect the child. This is why I recommend that parents try to establish a consistent routine and make decisions collaboratively. Additionally, keeping the child out of parental disputes and avoiding using the child as a messenger or bargaining chip is crucial for their emotional health.
Modifying a Custody Agreement in Alabama
Sometimes, life circumstances change, and a once suitable custody arrangement may no longer work. In such cases, parents can request a modification of the custody order. As a divorce lawyer, I frequently assist clients in this process. It’s important to understand that the courts will only approve a modification if there has been a substantial change in circumstances.
Some common reasons for requesting a modification include:
A change in the child’s needs: As children grow, their needs may change, and a custody arrangement that worked when they were younger may no longer be appropriate.
Relocation: If one parent is moving a significant distance away, the custody arrangement may need to be adjusted to accommodate the change.
A change in a parent’s circumstances: If one parent is no longer able to provide a stable environment or has engaged in behavior that affects the child’s well-being, the other parent may request a modification.
If you’re considering modifying your custody arrangement, it’s important to consult with an experienced divorce lawyer to understand your legal options and make sure that the process is handled correctly.
Get in Touch With Our Firm
Askilled divorce lawyer can guide you through the process and help protect your rights and your child’s well-being. At Hallack Law, PLLC, we serve clients in Seattle Washingon, and throughout King County including Bellevue, Renton, Kent, Auburn, Enumclaw, Issaquah, Snoqualmie, North Bend, Kirkland, Redmond, Woodinville, and Skykomish. Contact us today.