If spouses can not
agree on custody arrangements for their children, the court will issue its own custody decisions based on the best interests of the child.
The process of agreeing
on a custody arrangement is often very difficult for parents, who naturally have little desire to revisit the divorce experience.
What this means for parents seeking a divorce in the state is that a court can't
rule on your custody issues unless and until your children establish residency there.
If the parents can not agree
on custody issues, the judge may require the parties to attend mediation.
Because the courts consider child support and custody as separate issues, they will not
decide on custody based on its effect on child support, but on the needs of the child.
Check here for information
on custody laws, ideas to strengthen your cases, and ways to avoid losing custody.
They typically only become an issue in hotly contested proceedings, when spouses can't agree
on custody terms and their inability to do so forces the court to decide.
One of the greatest
impacts on custody occurs when a parent wants to relocate because of her new marriage.
The consequences of full custody depend
on the custody rights established by state custody laws or given through a parent's court order.
Things tend to get real tricky when it's your 3rd or 4th time representing someone
on a custody matter.
There are many factors to consider when deciding
on a custody schedule that will work best for your child.
An example is the study of the impact of
mediation on custody disputes involving allegations of domestic violence.
In other words, if the mother has custody of the son, the court could first calculate the support the father owes based
only on that custody arrangement.
Being able to sneak away for a few hours of fun is largely
dependent on custody arrangements and finding a good sitter.
If you and your partner have already split but need a new parenting arrangement, it's also a good idea to get a
handle on custody laws.
Due to the seriousness of addiction and its potential
effect on a custody decision, courts generally require more evidence to establish current abuse than bare allegations from the other parent.
Like in divorce, the separation agreement
touches on custody and visitation, spousal support, preliminary matters such as both parties having been informed of their responsibilities and agreements, and living arrangements.
If you have a child or children and you are separated, depending
on the custody situation, you may be obligated to pay child support to the other parent.
Assuming both parents are fit, they ought to reach an agreement
on custody without asking a judge to do it for them.
Just as a judge
rules on custody, property and assets during a divorce, these arrangements can be finalized during legal separation, too.
I think some clients are glued to the notion that gender has an
impact on custody and that they are entitled to 50 %.
If parents can't agree
on custody rights or plan a visitation schedule, the court handling the divorce case may make a court order for custody.
People can use the time that the other parent has the children to work the extra hours, but depending
on your custody schedule, this may not be a possibility.
Being able to sneak away for a few hours of fun is largely
dependent on custody arrangements and finding a good sitter.
If you and your partner have already split but need a new parenting arrangement, it's also a good idea to get a
handle on custody laws.
It is easier if both parents can mutually agree
on a custody modification, which will allow the divorce court to modify the orders without a hearing in some cases.
When the child or a parent is struggling with mental illness, the mental illness may have an
effect on custody.
Whether a couple
agrees on custody issues or is battling it out in court, it's helpful to have information to deal with the child - focused parts of your divorce.
And while there may indeed be someone better «out there» for you, you aren't going to have all that much time to find him, depending
on your custody arrangement.
«Five Questions to Ask a Divorce Attorney Before Deciding to Retain Main Getting an Edge
on Your Custody Evaluation with Referral Questions»