Do it yourself divorce can become very complicated if there are children involved. Here’s one more thing on your plate that is something both parents need to create before arriving in divorce court.
Without a parenting plant the family law judge is left to clean up the parenting mess, because parents can’t reach an agreement. Child custody is a critical issue of divorce and without a doubt one of the most contentious matters in the family law court.
The family law judge makes decision based on the “best interest” of the children. If both parents can lay aside the marital disagreements briefly and work together creating a parenting plan that specifically supports the child or children emotionally and physically it can be a win win situation for parents and children.
If one parent is seeking sole custody of the children, he or she must provide evidence or information showing the other parent as unfit. Sole custody is often granted if one spouse has a criminal history, abusive or addicted to drugs or alcohol. Sole custody is granted at times, but not without substantial proof that one parent hasn’t been involved in parenting or is incapable due to personal issues to be a substantial parent.
If one parent is granted sole legal custody they make decisions about education, health and well being of the child or children and can make decisions about the faith environment they will be raised in…
Joint custody is just what it sounds like, both parents work together making decision in the best interest of their children. Physical custody refers to the amount of time each parent has with the children – most parents can create a feasible plan including the handling of holidays, summer vacation and time spent with each parent.
Bottom line is this, if father and mother can’t agree on the custody issues, the judge must intervene and decide custody based on the “best interest” of the children.
Divorce is super charged with emotion, anger and often times the intense desire of one or both spouses to punish each other. Parents should attempt to be rational about custody of the children and present a parenting plan to the judge that is in the “best interest” of the children. Without a parenting plan both parties are at the mercy of the court and the judge will be the final decision maker.
As Always,
Little Tboca
No comments:
Post a Comment