Our clients don't want custody, they need it. We are hired by people who demand the best. Custody comes in many variations. As divorce practitioners, we have handled several custody cases. The following custody arrangements might be right for you:

Sole Custody: Sole custody is when one parent has custody, subject only to the other parent's visitation rights. The custodial parent receives support from the non-custodial parent. The parent who has custody is exclusively in charge of the health, education and welfare of the child or children and does not have to consult with the other parent about any of these issues. Sole custody is appropriate if parties do not work well together.

For some, custody is a win or lose proposition. This drives me nuts; after all, I'm a firm believer that children need both parents. However, there are those cases when a party truly believes that they are better for the child or that the child is in danger while in the care of the other party. Our attorneys can aggressively prosecute and defend custody matters because we have the experience needed to do so.

Joint Legal Custody - Primary Physical to One Parent: Here, the residential custodial parent is the person with whom the child resides most often. The court in this case is not granting joint legal custody to parties who cannot agree, between themselves, and act in the best interest of the children but the court is saying that, because of the age or other reasons related to the child, one parent is more active than the other relating to the child's physical presence.

Shared Parenting: This arrangement is appropriate in situations where people who work extremely well together, live in close proximity to the other and may have unique schedules that rely on cooperation from the other parent. In this arrangement, the parents share - to some degree - the time. Based on the specific agreement, each also has joint decision-making powers. Both have appropriate homes for the child or children. We often relay the shared parenting arrangement to clients as similar to that of a business partnership. Each parent has rights and responsibilities that are laid-out, in writing, just like partners would in a business venture.

No matter which arrangement works best for you, it's likely that you'll have a Parenting Plan that outlines rights and responsibilities. It's important to include the best phrases when you draft your agreement.

Finalizing a divorce involves many decisions, including "Who gets the house?" There are generally two options regarding the house. First, it can be sold and the proceeds divided, or the other alternative is that one party can "buy out" the other. In either case, one or both parties should order an appraisal of the residence. Divorce appraisals require a well supported, professional appraisal that is defensible in court. When you order an appraisal from an appraiser, you want a reasonable assessment as to the value of your home for purposes of making an equitable distribution of the marital estate.
Lawyers and Judges rely on these assessment values when calculating real property values for estates, divorces, or other disputes requiring a value being placed on real property.
What's important to note is how, oftentimes, the divorce date differs from the date you order the appraisal. Most appraisers are familiar with the procedures and requirements necessary to perform a retroactive appraisal with an effective date and Fair Market Value estimate matching the date of divorce.
When you're interested in knowing the true value of your home in order to receive an equitable division of the marital estate, contact us.