Divorce is something that most people hope to never have to go through. Unfortunately many marriages do lead to divorce and when there are children involved the main thing is to make sure they are properly looked after. Every child has the legal right to be financially supported by both their parents. When parents live together they both support financially the children as well as they both have joint custody of the children. When there is a split in the marriage and then the living arrangements of the parents then the custody of the children needs to be determined.
After the divorce what happens to the children?
Generally speaking when a marriage splits the children tend to go with one parent. This is quite often determined by both parents in a verbal agreement. In order for protection of the children, and their rights, this needs to be done in a separation agreement and then divorce, if this happens. Child custody of the children needs to be put in writing, and this is for the better of everyone involved. This is something that can be done with the help of a lawyer or something that you can do on your own. Let’s take a look at 5 things you should know if you are considering child custody:
1. Child custody is based on the Childs best interests
- Where ever child custody is looked at the decision is always based on what is best for the children of the marriage named in the order. Each state is different as to what criteria to follow, yet generally speaking these are some of the criteria:
- The physical and emotional health of the parents and child
- Home environment of both parents
- Who has traditionally taken care of the child
- Evidence of neglect or abuse
- The parent’s willingness to encourage the relationship between child and the other parent.
- If the child is old enough, their preference
2. There are two types of child custody
There is legal and physical custody. With legal custody it allows the named person to make decisions for the children. Physical custody is who the child actually lives with.
3. A Judge Can Award Custody to One or Both Parents
The presiding judge will look at the circumstances and make their decision on custody. It can be awarded to one parent or both. Sole custody is when it’s ordered to one parent and joint custody is when it’s ordered to both parents.
4 Courts usually encourage mediation
This is where the courts will encourage the parents to make a decision on child custody outside of the courts if possible. This would be done with the help of a mediator.
5. The Non-Custodial Parent Can Be Forced to Pay Child Support
The parent who does not have custody of the child may be required to pay child support. These are payments that are made to help pay for the Childs expenses.
Listed above are just some of the things that you should know about divorce and child custody. It is always recommended if this is the avenue that you are taking is to find a lawyer to help represent you. Sometimes these situations are no bother, sadly the opposite is true and most of these child custody cases are very stressful. The main thing to remember after the divorce is that the courts will look at what is in the best interest for the child, as well as a parent you should as well.