(Mar. 25, 2022) — Most parents going through a divorce fight for custody of their children. Learn about your options in court with the best interest of the children in mind.
Divorce is hard when there are children involved. Parents want to fight for them. If you are a parent, don’t lose hope. Try your best to stay calm. Otherwise, your children will feel it. They will be scared too. Stay strong and do what is best for your kids. In the end, you’ll get through all of this together!
Here are some things you can pursue as a parent in court. Of course, you will need a child custody attorney on your side. Your lawyer will guide you through the legal process.
1. Child Custody
The first thing you will have to decide on is who will be the children’s primary custodian. That means who they will live with most of the time. If you cannot agree on this, the court will make a decision. The choice of a custodian must be according to what is in the child’s best interest.
2. Child Custody Evaluation
The court may order a child custody evaluation to help decide what is in the child’s best interest. A mental health professional will interview the parents and children to understand the family dynamic better.
3. The Best Interest of the Child
The court will always decide based on the child’s best interest. They will consider the child’s age, health, and relationship with each parent.
4. Child Custody Mediation
Child custody mediation is when the parents meet with a mediator to reach an agreement on custody and visitation. The mediator is a neutral third party. They will help the parents communicate and come to an agreement.
5. Collaborative Law
Collaborative law is when the parents work with attorneys, financial experts, and mental health professionals to agree on custody and visitation. That is a good option for parents who want to avoid going to court.
6. Parenting Plan
A parenting plan is a document that outlines how the parents will share custody of their children. It will include things like visitation schedules, holidays, and vacation time. The court should create the parenting plan in the child’s best interest. Both parents must comply with it.
7. Physical Custody
Physical custody is when a parent has the right to have their child live with them. The court will decide who has physical custody of a child.
8. Legal Custody
Legal custody is when a parent has the right to decide their child’s welfare. That includes things like education, health care, and religion. The court will determine who has legal custody of a child.
9. Sole Custody
Sole custody is when one parent has primary physical and legal control of their children. The other parent may have visitation rights, but they will not have decision-making power.
10. Joint Custody
Joint custody is when both parents have equal rights and responsibilities for their children. The court will decide if joint custody is in the child’s best interest.
11. Shared Custody
Shared custody is when both parents have some physical and legal control of their children. The court will decide how to divide the charge based on the child’s best interest.
12. Parenting Time
Parenting time is the amount of time each parent spends with their children. The court will decide how much parenting time each parent will have.
13. Visitation Rights
If you do not have primary custody of your children, you will still have visitation rights. That means that you will be able to see them regularly and spend time with them. The court will decide how often you can visit and how long each visit will be.
14. Child Custody Trial
If you cannot agree on custody and visitation, you will have to go to trial. That is when a judge will decide on custody and visitation.
15. Child Support
If you have primary custody of your children, the other parent will have to pay child support. That is money that helps cover the costs of raising a child, like food, clothes, and housing. The court will decide how much child support the other parent has to pay.
16. Spousal Support
If you were married to the other parent, you might be entitled to spousal support. That is money that one spouse pays to the other to help them financially after a divorce. The court will decide if you’re entitled to spousal support and how much you’ll receive.
17. Property Division
If you are divorced, you will also have to divide your property with your ex-spouse. That includes your house, car, furniture, and savings account, among other things. The court will decide how to divide your property if you cannot agree on it. You must take this into account when planning for child custody.
18. Debt Division
You will also have to divide up your debts with your ex-spouse. That includes things like credit card debt, student loans, and mortgages. The court will decide how to divide your debts if you cannot agree on them. You must also plan for these payments as part of your expenses whether you become the primary custodian or not.
There are many things to consider when going through a divorce. The most important is to consider the child’s best interest when arranging for custody. As a parent, do your best to advocate for your child. You must, however, comply with the court’s decision.