Parents sharing legal custody in dispute over mother's relocation

When a Washington couple shares a child and they go their separate ways, there are many issues that must be settled. In some instances, the couple is able to come to a reasonable agreement when it comes to legal custody, visitation rights and parenting time. In others, there are disagreements every step of the way. Because child custody is such a sensitive issue for everyone involved, the parents need to do everything they can to make the situation as smooth as possible, even if they're not able to come to a consensus.

In a case that has made recent headlines, a mother and father are in dispute as to where the mother will live with the boy. The biological father lives in the United States and the mother's husband was deported to Mexico. She would like to take the child to live in Mexico to be with her and her husband. The mother and biological father share custody, but the boy - born in 1999 - lives predominately with the mother. After marrying her current husband in 2001, she claims that the boy sees his stepfather as his father. The case is moving through the courts with both sides presenting arguments as to why the boy should either stay in the U.S. or be allowed to accompany his mother to Mexico.

The end of a relationship can be traumatic, but when there are children involved, the issues that come to the forefront often center around custody and visitation rights. Legal custody involves the parent having the right to make decisions on behalf of the child. For example, this will include health care and schooling. Physical custody has to do with providing the child a suitable place to live and giving him or her what is needed on a daily basis. While the ideal parenting plan will have both parents spending time with the child and keeping the child's interests in mind, circumstances sometimes get in the way of that. Parents need to be aware of their parental rights.

In cases like involving any disagreement, when it comes to children after a couple parts ways, it's imperative that the parents discuss the matter with an attorney experienced in custody disputes to understand how to move forward.

Source: Washington Times, "Trial ordered in Nebraska child custody dispute," Grant Schulte, May 30, 2014