Child Custody In Divorce Cases

Child custody issues are by far the most emotionally charged aspects of any divorce case. In no other area do the decisions made by you, by your spouse, or by the judge have a more lasting impact than those affecting the lives and future of your children. When faced with issues of child custody in your divorce, you need to consider the term “winning” and put that term in context. How do your goals interplay with what is in the best interest of your children?website link is an excellent resource for this.

Before deciding whether to proceed with litigation or to negotiate a child custody settlement, you should have an honest talk with your divorce attorney. You should first realize that, unless your spouse is an actual danger to your children, they are going to have a role to play in their lives. Barring documented occurrences of physical abuse, neglect or criminal activity, family court judges are not going to severely limit their involvement in your children’s lives.

It is best to make every effort to negotiate a custody and visitation schedule that both parties find to be fair. Even if you may not be entirely satisfied with the arrangement, the fact that you are reasonable and flexible will be rewarding in future dealings. Remember, your divorce ends your marriage, not your dealings, and certainly not your children’s dealings, with your spouse.

After a divorce is final, there are inevitably situations that arise later that require cooperation with your ex-spouse. Bitter child custody fights can lead the parties to have less of a chance to resolve those issues amicably. Right or wrong, judgments on issues such as proper courses of discipline, school behavior, and medical decisions can be clouded by feelings of resentment to a former spouse. Ex-spouses who have the feeling that you dealt fairly with them in the child custody case are far more likely to voluntarily contribute for unforeseen financial burdens or extracurricular activities.

Financially, you will be in a better position if you can negotiate a divorce settlement. A good divorce attorney is not defined by the cases where their clients “win”, but rather by the situations they can settle to everyone’s acceptance. Contested divorces, especially those dealing with child custody, are very expensive. Contested cases are also the most likely to be set for rehearing at a later date due to non-compliance by one party, or a difference on opinion regarding the interpretation of a Court’s orders. Those later matters will be an additional financial burden for you to bear. Parties who show a willingness to negotiate a settlement are far less likely to have future contested issues, and if they do, they tend to resolve them without court action.

Finally, you should consider your children’s needs and how they will perceive the court proceedings. Many parents tell their children that they are only fighting for them. Well, that may be true, but children are affected by their parents arguing, whether it is in the family living room or in the court room. How will your child feel later in life if you seek to limit their contact with the other parent? How will the other parent talk about you in front of your children when you’re not around? How will this affect your child? Children raised by two loving parents who show respect toward each other are proven to better ready for adulthood. And that should be the goal of every parent.

Child Custody Laws Kennewick

Child custody laws vary according to jurisdiction, but most states and provinces follow a basic set of concepts designed to be fair and equitable and protect the interests of the children.

If you’re a party in a child custody action, understanding child custody laws and their application is important to ensuring a favorable outcome for you and your child. You may have retained counsel in your child custody action, but a basic understanding of the law will make you an informed participant in the proceedings and help you ensure your attorney is acting with due diligence. Child Custody Kennewick

The intent of child custody law is to reach a decision in “the best interests of the child.” A child custody decision in “the best interests of the child” demands consideration of the wishes of the parents, the child, as well as the child’s relationship with each parent, their brothers and sisters, and other influential persons. Other factors considered are, the child’s home environment, school, and community, and the parents’ physical and mental well-being.

In law actions, the court determines which parent should have physical and legal custody of the child or children who are the subject of the action.

Physical custody means that a parent has the right to have a child live with him or her. Many states’ laws prefer to award joint physical custody to both parents, allowing children to spend equal amounts of time with each parent.

In law, legal custody refers to the right to make decisions about a child’s upbringing, which includes decisions about the child’s education, religion and medical care. Parents with legal custody of their children also receive any tax benefits awarded to parents by state and federal government.

The current trend in child custody law is a preference by courts to award joint custody to parents, based on the reasoning that having access to both parents is in a child’s best interest. In most applications of child custody law, joint custody means that each parent shares equally in the decision making process and tax benefits are also equitably shared.

In law, when a court awards sole legal and physical custody to one parent, the non-custodial parent is awarded visitation rights. These rights may be extensive or limited according to the circumstances of the case. A strong presumption in child custody law exists toward awarding visitation rights to non-custodial parents, however, courts may impose restrictions on visitation by non-custodial parents. Visitation can range from several weeks and months of unsupervised time with your children to supervised visits every other weekend.

Cases in which child custody law would deny visitation rights often include non-custodial parents who have abused the child or noncustodial parents severely suffering from a mental illness that could negatively impact the child. Non-custodial parents who are incarcerated or who have a prison record are not automatically denied visitation rights, however.

In addition to physical and legal custody and visitation, child custody law also determines whether a custodial parent can move far away and take the child with him or her. Child custody laws in many jurisdictions require custodial parents to notify and gain the agreement of the non-custodial parent before he or she can relocate to another place far way. Part of a relocation agreement could include increased visitation or decision-making rights for the non-custodial parent.