When couples make the decision to divorce, they know the road ahead could prove rough if there are conflicts to resolve. Alimony payments and division of marital assets are one consideration, but if you have children you must consider custody arrangements. Assuming your divorce is amicable, the question of custody will hopefully be answered quickly and to the benefit of everybody involved. Not every hearing will play out as a repeat of "Kramer Vs. Kramer," but it is good to know what to expect should you find it necessary to work out an agreement with your attorney.
It is important for your child to know he/she is not the cause of your marriage ending. For your child's benefit, it will likely be recommended that he/she is shielded from tougher spots in negotiation, particularly if there are tense moments between you and your soon to be ex-spouse. Friends and counsel may warn you that your ex and his/her lawyer may attempt underhanded tactics to present you in a bad light, but ultimately a court decision will determine the best solution for your child's well-being.
What typically happens in such cases is you or your ex-spouse will file a petition for custody. This is done independently of filing for divorce, but would happen around the same time. Your attorney can assist you in the particulars, where you will state why you believe you are the best choice for custodial guardianship.
Next, you will meet with your ex-spouse and his/her legal team for a hearing to determine which parent receives which rights. If you are able to come to an amicable agreement at this stage, everything will be made official. You may receive sole custody - where your children will live with you full-time - while your spouse receives visitation rights. This is obviously more common in situations where both parents live in the same area.
Joint custody is another option for parents. Here the time the child spends at home is split between both homes - parents living in the same area may alternate weeks, while a parent living in another city or state may have the children stay entire summers or during the school year.
During these hearings, both legal teams will also determine child support payments. These monthly stipends are typically paid to the custodial parent to handle expenses accrued following a loss of joint income. If a custodial parent remarries, alimony support may cease but child support may remain intact unless another hearing determines otherwise.
Should you and your spouse fail to come to terms of custody during an initial, you may end up going to trial, which involves meeting before a judge who will make the final decisions.
If custody is an issue in your upcoming divorce, discuss with your attorney what is expected of your during a custody hearing, and above all remain positive for the sake of your children.
It is important for your child to know he/she is not the cause of your marriage ending. For your child's benefit, it will likely be recommended that he/she is shielded from tougher spots in negotiation, particularly if there are tense moments between you and your soon to be ex-spouse. Friends and counsel may warn you that your ex and his/her lawyer may attempt underhanded tactics to present you in a bad light, but ultimately a court decision will determine the best solution for your child's well-being.
What typically happens in such cases is you or your ex-spouse will file a petition for custody. This is done independently of filing for divorce, but would happen around the same time. Your attorney can assist you in the particulars, where you will state why you believe you are the best choice for custodial guardianship.
Next, you will meet with your ex-spouse and his/her legal team for a hearing to determine which parent receives which rights. If you are able to come to an amicable agreement at this stage, everything will be made official. You may receive sole custody - where your children will live with you full-time - while your spouse receives visitation rights. This is obviously more common in situations where both parents live in the same area.
Joint custody is another option for parents. Here the time the child spends at home is split between both homes - parents living in the same area may alternate weeks, while a parent living in another city or state may have the children stay entire summers or during the school year.
During these hearings, both legal teams will also determine child support payments. These monthly stipends are typically paid to the custodial parent to handle expenses accrued following a loss of joint income. If a custodial parent remarries, alimony support may cease but child support may remain intact unless another hearing determines otherwise.
Should you and your spouse fail to come to terms of custody during an initial, you may end up going to trial, which involves meeting before a judge who will make the final decisions.
If custody is an issue in your upcoming divorce, discuss with your attorney what is expected of your during a custody hearing, and above all remain positive for the sake of your children.
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