Child Custody

Legal custody refers to a parent’s authority to make major decisions regarding a child’s life — including education, healthcare, and welfare. Legal custody may be:

• - Sole, when one parent makes all major decisions;

- Joint, when both share decision-making authority; or

- Partial, with certain decisions delegated to one parent.

Courts prefer joint legal custody when both parents can cooperate in the child’s best interests.

Physical custody determines where the child lives and how much time they spend with each parent. It can be:

• - Primary custody, where one parent is the main caregiver; or

- Joint custody, where time is divided more evenly.

Even if one parent has primary custody, the other typically receives visitation rights, ensuring regular contact and a continuing relationship with the child.

Although laws vary by state, common factors include:

• - The child’s age, health, and emotional needs;

- Each parent’s past involvement and caregiving history;

- Stability of each parent’s home environment;

- The child’s preference, depending on age and maturity;

- Each parent’s ability to co-parent effectively;

- Any history of abuse, neglect, or substance misuse; and

- The geographic proximity between parents’ residences.

Our lawyers help clients present evidence that demonstrates consistency, stability, and genuine parental commitment — all crucial elements in the court’s decision-making process.

Fathers have the same right as mothers to pursue:

- Joint or sole custody, depending on the child’s needs;

- Fair visitation schedules, including weekends and holidays;

- Equal decision-making authority over education and healthcare.

If a parent claims that joint custody is not in the child’s best interests, they must provide credible evidence to support their claim. Our attorneys ensure that fathers are not disadvantaged by assumption or bias, but judged by their parental merit.

Fathers can establish legal parentage by:

- Signing an acknowledgment of paternity jointly with the mother; or

- Petitioning the court to confirm paternity, often supported by DNA testing.

Once paternity is legally established, fathers gain rights to:

• - Custody and visitation;

- Participation in major life decisions; and

- Influence over the child’s residence and education.

At the same time, they assume parental responsibilities such as child support. Our firm helps unmarried parents formalize custody and visitation rights through court orders or parenting agreements.

• - Ensures both parents remain active in the child’s life.

- Promotes shared responsibility for major decisions.

- Reduces conflict by clarifying expectations and roles.

- Fosters emotional stability for the child through balanced contact.

Our attorneys draft detailed parenting plans that define schedules, communication methods, and dispute resolution procedures, minimizing confusion and conflict.

• - Be actively involved: Attend school events, medical appointments, and extracurricular activities.

- Document everything: Keep records of communication, expenses, and time spent with the child.

- Maintain civility: Demonstrate cooperation with the other parent and avoid confrontational behavior.

- Create a stable home: Show the court that your living environment supports the child’s growth and security.

- Consult experts: Psychological or childcare professionals can provide evaluations supporting your parenting capacity.

SJKP LLP attorneys guide clients through these steps, helping parents focus on what truly matters — their child’s well-being.

• - Relocation or change in residence.

- Changes in a parent’s health or employment.

- Concerns over neglect, substance abuse, or safety.

- The child’s evolving needs or preferences.

If one parent fails to comply with court orders, we assist in enforcement actions, ensuring that custody and visitation rights are respected.