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Physical Custody Issues with DIY Divorce

One of the many divorce related questions we get asked about frequently at is “What is the difference between legal custody and physical custody?” With that in mind we decided to use today’s blog item to go over the differences between the two and how it relates to divorce. In Part1 we will solely discuss and go over the aspects for the physical custody portion of a non fault uncontested do it yourself divorce.

Physical custody section is made up of several activities and events all having do with the actual time lines in which each parent takes and acts as sole guardian of their children at a prearranged, predetermined date as agreed upon by the spouses. With physical custody, in an ideal world, the parents sit down with a calendar and basically determine what holidays and weekend are best suited for each spouses schedule and lifestyle and who and when each specific parent gets to supervise the child and actually has physical custody acting as sole guardian. As part of a do it yourself divorce; think of it as the process of deciding who has officially been proclaimed parental guardian over each day, weekend, holiday, etc etc. Color coded markers and a 12 month calendar in tow; if both parties agree on the divorce process the heavy lifting may be easier then you think.

In terms of DIY divorce the key factors in determining this portion of the divorce process between each parent is that they both have identical goals and each parents custodial calendar synchronizes with the other regarding the calendar agreement towards physical custody. If the parents can not agree on this aspect of custody-the court will step in and decide on their behalf. In terms of an uncontested no fault divorce and online divorce forms- this factor is critical. Want to avoid lawyers and courtrooms? Best to be prepared for some give and take between spouses as this could possible be the deal breaker.

Other items regarding physical custody can be trivial in terms of diy online divorce forms do it yourself divorce having to do with transferring the children during visitation exchanges as well as transportation and how to handle any unexpected changes to the aforementioned visitation agreement. All of the factors should be covered as in terms of legality they are important to the divorce process.

Once again, and we cannot stress this point enough, being cooperative in this phase of the custody portion of divorce is key to making a no fault divorce a tangible reality not to mention the psychological benefits to your children. Working out these details in a day to day mutually agreeable fashion will be the optimal goal for all parties involved making the process of divorce amicable and streamlined.

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