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Divorce and The Law: What To Consider When Separating With Children

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Most couples that are wanting to break up may consider becoming separated. Separation is required for a period of time before a divorce can be finalized. That means that each partner needs to live separately, without acting like a married couple.

Perhaps among the issues that are most important to settle in divorce is child custody. If kids are involved, it makes the divorce process more complex. Both parents should consider the custody arrangements of underaged children. Divorce courts are worried about the well-being of any children and therefore divorcing parents will work in court to determine the arrangement that’s in the best interest of their children.


Four Kinds of Child Custody

There are four kinds of child custody which parents will encounter and consider in divorce.

Physical Custody

This right could be shared by both parents in a joint physical custody arrangement or allowed to just one parent for one legal custody arrangement.

  1. Joint Physical Custody

In some countries, this is the default settlement and might need a disagreeing parent to establish why their kids shouldn’t spend some time with both parents.

It doesn’t have to be a 50-50 split, however in case the parents can’t achieve an agreement, the judges might impose a program. Frequent arrangements comprise alternating weeks, months, or vacations at each parent’s home.

Joint custody empowers both parents to function as integral elements of their sons ‘and daughters’ lives.

Listed below are a few questions to ask yourself concerning joint custody:

● Just how far can your ex-spouse and you live from each other?

● Can you plan on moving to a different city later on?

● Are you ready to be in touch with your ex-partner on a regular basis?

● How significant is it for you to be involved in your children’s life?

  1. Sole Physical Custody

In sole physical custody agreements, the kids forever remain together with the custodial parent while the non-custodial parent has often scheduled visitation rights. The benefits of this arrangement would be that kids are permanently living in one home. Logistically, this is sometimes less stressful for both children and the parents, particularly in regards to families, schools, and friendships.

But this arrangement is arguably unlike joint physical custody since the kids no longer reside with the parent without custody. The noncustodial parent might feel like a “visitor” in the kids’ lives with time and visitation looking like playtime instead of a purposeful daily relationship.

Listed below are a few questions concerning sole custody:

● Will your children stay with you?

● Will it be difficult for you to emotionally and financially manage sole custody?

● How significant is equilibrium to your kids?

Legal Custody

The best decision to make regarding your children’s upbringing lies on legal custody. This includes making decisions regarding your children’s upbringing, such as schooling, healthcare, and spiritual instruction. Much like physical custody, legal custody might be collectively shared between the two parents or entirely vested in one parent.

  1. Joint Legal Custody

This usually signifies that both parents share or possess the obligation and the right to make decisions concerning welfare, education and the health of their kids. But, joint custody isn’t always simple. It takes both parents to put aside all gaps and to collaborate for the best interest of their children.

  1. Sole Legal Custody

This type of legal custody means that the parent will have an obligation and the right to establish decisions concerning welfare, education and the health of their kids. Visitation rights are retained by the parent.

Sole legal custody has become a more common custody arrangement, even though the courts prefer joint legal custody.

A parent with sole legal custody has the unilateral right to all decisions that are related to child-rearing.

Visitation Rights In A Divorce

Recently, lawmakers have recognized visitation rights don’t translate into legislation. The law does say that any person is entitled to reasonable visitation. What’s reasonable in one circumstance is not sensible in another. That is why parents have been left to specify visitation criteria that are reasonable for grandparents as well as many others.

Family Court

Feelings and circumstances could make it impossible to settle disputes out of court. When relatives and judges will need to make decisions about child custody and visitation rights, they believe what’s in the best interest of the child.

Here are a few factors that a court considers when making a decision on child custody:

Living Situation of Parents: Occasionally the parent who owns the family residence is granted custody for security reasons. Also, proximity to the children’s school and social activities might also matter.

Parent’s Relationship with the Children: Judges can consider each parent’s willingness to provide for their children before and after separation.

One Parent is Willing to Support the Other Parent’s Connection with the Children: Courts will also consider if parents can coordinate with each other in child rearing or whether a parent interferes against the other parent’s relationship with the children.

Preference of the Child: Courts may consider a child’s preference on visitation and custody, especially for older children. Some courts are required to consider the child’s views while others do not.

Children’s Age: Although this may be less pertinent, some judges prefer younger children (particularly nursing infants) to be living with their mothers.

Stability: Judges favor minimally problematic visitation and custody settlements to help kids through what may be a psychologically trying period.

Parents’ Sexual Orientation: While most state judges who acknowledge same-sex marriage won’t consider this, some state courts are authorized to consider the parents’ sexual orientation when it comes to visitation rights and custody.

Neglect or Abuse: Courts will implement restrictions on a parent’s visitation or connection with children if there is evidence of abuse or neglect.

Conclusion

Depending on your own divorce, it’s in your very best interest to consult with a lawyer. A situation regarding your kid’s custody shouldn’t be dismissed, and finding the proper lawyer can help you and your children through this trying time. Look for divorce lawyers who can assist you in beginning a new life and taking charge of your situation.

Author Bio: Peggy Fleming is one of the most promising young law writers of year. She adds a modern take to her pieces on various law topics, which she writes for the common reader. She enjoys playing tennis with her siblings during her free time.

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