Not exact matches
Divorcing fathers in the United States are seeing more and more the availability
of joint
custody with their
former spouses.
Additionally, it can hurt your credibility with the court and with state enforcement officials if you want to later make changes to your parenting plan, your
custody arrangements or other aspects
of the legal relationship with your kids and your
former spouse.
Many people think that they are able to work out with their
former partner or
spouse a divorce settlement that includes division
of assets, child and spousal support,
custody access, and all other parenting decisions.
Perhaps your child support or
custody agreement is no longer in the best interest
of your child, or perhaps your
former spouse is trying to avoid living up to their part
of the agreement.
To effectively determine how parental responsibilities will be shared, your and your
former spouse or the parent
of your child may wish to agree upon legal
custody or decision making, including medical decisions, education decisions, and religious decisions; physical
custody including the child's primary residence, secondary residence, weekend and holiday residences, and summer vacation.
Matrimonial Law cases which typically deals with relations between
spouses and
former spouses on issues
of marriage, divorce and child
custody.
The focus
of our efforts in child
custody matters is how parental duties will be shared between you and your
former spouse or partner.
Family relationships covered by the definition
of «family member» in the PAFVA include current and
former spouses, adult interdependent partners, others residing (or formerly residing) in intimate relationships, persons who are parents
of one or more children, regardless
of whether they have ever lived together, persons who reside together where one
of them has care and
custody over the other under a court order, and generally, those related to each other by blood, marriage, adoption, or adult interdependent relationships, as well as children in the care and
custody of the above persons (PAFVA section 1 (1)(d)-RRB-.
The complexities
of custody aside, you want to be on the best terms as possible with your
former spouse, when there are children involved.
It does not terminate your
former partner /
spouse's rights to
custody of or access to his or her child.
Or, if there is no
custody order or agreement then your
former partner /
spouse may bring an application for a determination
of custody.
Both physical and legal
custody can be joint or sole depending on the individual circumstances
of each divorce case between the
former spouses.
What happens if you are awarded primary
custody of your children and your
former spouse remarries someone very wealthy making them more financially well off than you; will
custody be transfer to your
former spouse?
If a
former spouse wants to change either
custody or alimony terms based on an ex-
spouse's cohabitation, he must request the change by petitioning the court for modification
of the divorce decree.
One
of the most common situations in relocation cases happens when the custodial parent, who has physical
custody of the child and shared legal
custody, wants to relocate the child a distance from a
former spouse, who has visitation rights... Continue reading →
Your
former spouse is not absolved
of his responsibility to contribute to the care and support
of your child simply because he was not granted
custody.
Joint
custody is definitely not for everyone and can only come about as a result
of rational decision - making by both
former spouses.
If you have primary
custody of your child, try to keep your
former spouse informed about big life developments.
For instance, if you relocate out -
of - state for a job or to remarry, or even move into a new house some distance from your
former spouse's (where your child resides 50 %
of the time), a modification
of the child
custody agreement may be required.
Linde claimed that if the Family Relations Act was amended to incorporate a «rebuttable presumption
of shared parenting», many women in
custody fights would stop playing «head games» with
former spouses.
If you or your
former spouse have any form
of criminal record, it can definitely affect your child
custody arrangement.
If you are a divorced parent or involved in a
custody dispute, it is important that you develop a new way
of parenting with your
former spouse in order to be an «effective» parent.
[J] oint legal
custody affords a nonresidential parent many privileges and a significant measure
of control over his
former spouse, but few parental obligations or responsibilities.
However, in cases where your
former spouse is unwilling to cooperate with you or threatens the safety
of your child, you may request that the court award sole physical
custody to you.
If you and your (soon - to - be)
former spouse can communicate and cooperate for the sake
of your children's well - being, joint
custody may make the most sense.
Understanding which factors a judge looks at in making decisions, as well as the importance
of being able to communicate with your
former spouse, will ensure a
custody arrangement that benefits both parents and the child.
Many people think that they are able to work out with their
former partner or
spouse a divorce settlement that includes division
of assets, child and spousal support,
custody access, and all other parenting decisions.