Divorce And Child Custody : Everything You Need To Know

Divorce is a trying time for anyone, but few suffer more than children caught in the middle of a marital dispute. You would do anything for your child, and you can not bear to be away from him or her. If you are in the middle of a divorce, you may be apprehensive about your former spouse requesting full custody of your children. Here are five facts about divorce and child custody that can help ease the already massive strain by allowing you to understand the custody process.

Child Custody proceedings are complex, which is why we have created this guide to cover:

1. The types of child custody arrangements
2. The process of reaching a custody agreement
3. Potential child support obligations
4. Personal and emotional considerations
5. How to hire the right divorce attorney

1. Types Of Child Custody Arrangements:

Child custody can refer to where your children will live after divorce (physical custody), or who has the legal right to make decisions about their upbringing (legal custody). In each scenario, parents may jointly share the responsibility or the courts may award one parent solely.

Below are some key terms to better understand child custody laws:

(i) Physical Custody
(ii) Joint Physical Custody
(iii) Sole Physical Custody
(iv) Visitation Rights of the Non-Custodial Parent
(v) Visitation Rights of Grandparents, Step-Parents, and Caretakers
(vi) Legal Custody
(vii) Non-Parent / Third Party Custody or Guardianship

2. Reaching A Custody Agreement:

Parents can reach a custody agreement informally, via a mediator, or via a judge’s court decision. Regardless of how you plan to reach a custody agreement, you should not negotiate or make any agreements without first seeking legal advice.

Though the process may vary, the end result is a written legal custody agreement. It is often called a “settlement agreement,” “custody agreement,” or “parenting agreement.” The agreement is then shown to the court for final approval, and the finalized agreement becomes a binding contract to which parents and others must adhere to.

3.Establishing And Calculating The Child Support:

If one parent is awarded sole physical or legal custody, the noncustodial parent is usually required to make child support payments to the custodial parent. If the parents are awarded joint physical custody, the child support obligations are determined by the percentage of time the child spends with each parent and how much money each parent earns.

States have varying guidelines to determine the range of child support to be paid by a parent, depending on respective incomes and expenses.

Factors in determining the amount of child support usually include:

• Child care expenses, including health insurance, education, day care, and special needs.
• Income of the custodial parent
• A parent’s ability to pay
• The children’s standard of living before divorce or separation

4. Personal And Emotional Considerations

Family relationships can and do continue after a divorce. Divorced parents can be effective parents even if they are no longer in a relationship. The manner in which parents resolve conflicts affect the way in which children adjust to divorce. When parents compromise and resolve conflicts respectfully, children exhibit less fear, distress, and other negative emotional symptoms.

There are a few core ideas that apply to parents:
(i) Be respectful to your spouse during the divorce and custody process
(ii) Relieve your children’s abandonment issues
(iii) Insulate your children from the divorce process

5. Hire The Right Divorce Attorney:

Divorce is a complex and exhausting matter, but hiring a legal professional to guide you through the lengthy legal process can make an enormous difference. Taking control of the situation is often the first step to emotional recovery and choosing the right attorney can relieve some of your stress.

Consider the following steps to before making a final decision:

(i) Make a list of family law or divorce attorneys in your area
(ii) Narrow down the list by researching attorneys online
(iii) Prepare for your initial meetings
(iv) Make an educated decision
(v) Work productively with your attorney

CONCLUSION

No matter the nature of your divorce, it is in your best interest to consult an attorney. A situation with the magnitude of your child’s custody should not be taken lightly, and finding the right attorney is not an expense to cut corners with.

Professionals like family law or divorce attorneys may help you take control of your situation and help you start a new life with your children. Don’t be afraid to find one in your area, and take control of your custody battle!