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Latham Moffatt, P.C. Attorneys at Law
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What Child Custody Looks Like in an Uncontested Divorce

Apr 24, 2024

Divorce and child custody can be complicated. Therefore, a child attorney should be consulted for any type of custody agreement. Many people think that an uncontested divorce also means uncontested child custody. However, that is not always the case. Here is what child custody could look like during an uncontested divorce.


1. Mixed Messages


When it comes to child custody, a child attorney will tell you that things can get very heated. According to NOLO, which helps consumers and small businesses find answers to their everyday legal and business questions, an uncontested divorce is a procedure in which both spouses agree on all issues surrounding the divorce. As a result, neither litigation nor extensive negotiation is needed. However, while spouses are often happy to walk away from their marriage, the same is not always true regarding child custody.


Just because their divorce may be uncontested, divorcing couples should not believe that everything will go smoothly with custody and child support issues. These can be very separate matters. However, it may be possible for the spouses to agree on the terms of the child custody.


2. Best Interests


Any child custody agreement must be formulated with the child's best interests in mind. While divorcing couples may be willing to agree to whatever's required to get divorced without consideration for what's best for the future, this approach doesn't apply when it comes to child custody. Serious consideration needs to be given to what is best for the child.


Since some couples may be in a hurry to finalize their divorce, they may not contest the divorce arrangements; however, rushing through child custody matters is not the same. Child custody agreements must be well-thought-out. The best interests of the child, not the parents, take priority.


3. Committed Co-Parenting


In some cases of divorce, both spouses are committed to co-parenting and committed to the divorce. In these cases of uncontested divorce, child custody agreements are easily navigated. However, even in cases where everyone is on the same page, you still should have a
child attorney on hand.


In the best of circumstances, an attorney can help to expedite the process. The attorney can mediate, draw up documents, liaise with the court, and more. The right attorney could make the process easier for everyone.


Every divorcing couple, whether the divorce is contested or not, should have an attorney, especially when children are involved. It's important to have legal support. Call Latham Moffatt, P.C. Attorneys at Law today to get the support you need.

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