Rather than engaging in adversarial litigation and ultimately letting a judge
decide issues of child custody, child and spousal support, and property division, parties can use mediation to reach agreements on these significant and emotional issues.
The divorce ends with a judge, rather than the parties,
deciding the issues of child custody and support, spousal support and property division.
Not exact matches
Courts
deciding visitation and other
custody issues focus on the best interest
of the
child.
Even though fault is not necessary to obtain a divorce, it may be an
issue in a divorce when
deciding the division
of property, spousal support and
child custody.
Once the
issue of custody, now referred to legal decision making and parenting time, is
decided the court must
decide which parent will pay
child support to the other parent, as well as the amount
of that
child support.
During both divorce processes, a judge will divide marital property,
decide issues of custody and
child support, and determine if spousal support is appropriate.
Whether you are going through the divorce process or have
decided to take the mother back to court to resolve the
issue, there are certain steps you can take that will improve the chances
of winning
child custody.
A judge might not grant your divorce unless you and your spouse have
decided and agreed upon spousal maintenance,
child support,
child custody, the division
of property, and several other
issues, as well as following the correct Arizona divorce process.
These are only some
of the factors that will be taken into account when courts
decide child custody and visitation
issues.
Being in charge
of your parenting plan is ideal; if your case goes to court, you will lose the ability to control what happens in terms
of child custody, and these
issues will be
decided by a court.
The court will
decide these kinds
of custody and access
issues by considering the «best interests»
of the
children and in most cases it will be found to be in the
children's interests to be allowed to go on a vacation with either spouse.
Issues, including but not limited to,
child custody, spousal support,
child support, the marital home, and division
of assets and liabilities may need to be
decided.
Most judges will tell you that when parties come in front
of them to
decide issues such as
child custody or division
of assets, it is usually the
children and both parties who end up as the losers.
Under federal law, Florida can
decide issues of custody and
issue custody orders only if your
children have lived in the state for the past six months.
Courts
decide custody issues based on the best interests
of the
child standard and permit
children 12 and older to express a preference.
There is typically one circumstance during the court case which makes the
child custody issues easier: if the parents
decide they are willing to have joint
custody of the
children.
Florida courts, like most family courts around the country,
decide child custody issues based on the best interests
of a
child.
The creation
of a parenting plan during a divorce process is an important strategy in working out
issues like
child custody and the avoidance
of fights by the separating parents, both legal and otherwise, over matters that were already
decided.
Less often, a husband and wife will ask an Ohio Court
of Common Pleas for a legal separation, leaving their marriage in a holding pattern while proceeding to
decide issues involving finances,
child custody, visitation and support.
Where appropriate, a court will
decide on
issues such as
custody of children and division
of property.
When it comes to
deciding issues of custody and parenting time, the courts must focus on the best interests
of the
children.
When spouses do not reach agreement about the terms
of their divorce, courts must
decide issues for them, including
child custody, alimony,
child support and property division.
Once the couple
decides to get separated, they have to discuss the
issue of custody of their
children, if they have any.
Some
of those
issues, such as
child custody and
child support, can be
decided in the court system, but other
issues, such as division
of assets and debts and provision
of financial assistance, likely could not be equitably
decided or even ordered at all.
At the time you file the divorce from bed and board, you can ask the court to
decide a number
of other
issues, including: post-separation support, alimony,
child custody, and
child support.
When the court
decides on the
issue of child custody and visitation, the gender
of the parents is not considered.
The purpose
of these interviews is to help the psychologist make an analysis and
issue a report that is meant to help the judge
decide what
custody determination would be in the best interests
of a
child.
Definition: Joint
custody of a
child requires both parents to cooperate in
deciding major
issues affecting their
children, including, but not limited to, major medical decisions, religious training, and education.
In this case, there will be a lot
of issues that need to be
decided, which will probably range from
child custody to spousal support,
child support, property division, debt division, etc..
Two people
decide they no longer want to be married, and go through the process
of separating property, assets and determining
child custody issues.
Divorce: A Divorce Agreement, or Marriage Settlement Agreement, is used when the couple has agreed on all the
issues and
decided on how to split their property, control, and
custody of any
children.
Child custody standards, like many other aspects
of divorce and family law, vary by state, so Nebraska courts apply Nebraska laws when
deciding custody issues during a divorce.
The
issues of a parent's standing (right to be heard in a judicial proceeding involving the
child), that same parent's fitness to parent, and the
custody placement in the
child's best interest should be
decided in a combined hearing.
Although the
custody and visitation
issues had not yet been
decided when this Article went to press, Diana's lawyer is confident that Diana will maintain sole
custody of her
children.
Every state defers to a concept called the «best interests
of the
child» when
deciding custody issues.
Georgia courts
decide all
custody issues, including temporary
custody, based on what is in the best interests
of the
child.
In a divorce, or marriage dissolution, proceeding, the marriage
of the parties is terminated and other related
issues, including
child custody,
child support and visitation, spousal support (alimony) and property and debt division are
decided.
The court is required to consider the
child's best interests when
deciding on
issues of child custody and parenting time and may be inclined to give primary
custody to a parent who is not likely to deploy.
We aim to assist our clients in
deciding their position on the
issue of the primary residence
of their
children and whether
custody should be joint or sole by working to understand each client's unique situation.