Kids & Divorce

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Divorce law varies from state to state and so do divorce forms. Divorce decisions depend upon the type of relationship you have with other person.

Marriage and cohabitating are two entirely different lifestyles – divorce judges try to make child custody decisions based on the “best interest” of the children.

When couples cohabitate rather than marry, the family law judge in most states grant sole custody of the child or children to the mother, if she is deemed to be a good parent. There are exceptions to this sole custody law if the father can provide evidence that the mother is unstable or unable to function or perform the duties required of a parent.

When the mother isn’t in the home, has passed away or is in an institution the father is granted sole custody over grandparents, aunts, uncles or family friends. The exception to this rule is when the father is unable to provide a home for the children or suffers from chronic addictions, in an institution or has passed away. 

When deciding custody family law judges make final decisions based on the “best interests” of the children – usually the “best interests” of the children supersedes all other laws. A parent is considered to be a fit parent unless he or she is ruled unfit due to personal lifestyle or activities. 

Child custody remains one of the most contentious, heart breaking battles in family law courts. When a good parent allows anger and emotion to dictate their actions they may lose the custody battle before their day in court.

http://www.zoefamilylaw.com/blog/2013/02/texas-father-seeks-sole-custody-of-child.shtml

If a couple is married, judges at times will make the decision to give one parent sole legal custody – this allows one parent to make all major decisions about the child or children’s physical and emotional welfare. 

Often times the judge grants a parent sole physical custody of the children, but grants the other parent visitation rights unless the court feels visitation rights at this time isn’t in the best interest of the children. A judge’s ultimate goal is to allow the children to interact with both parents if possible.

A word of caution about custody battles, if one spouse has legal counsel and one spouse has opted to themselves (pro se,) the spouse with legal counsel will probably get the custody nod from the judge. Of course if the pro se litigant has studied family law, child custody laws and knows courtroom procedures they may win the custody battle – it’s a risk when one spouse has legal counsel. 

Pro se litigants must be prepared to show evidence beyond a shadow of a doubt that they have been the primary caregiver during the marriage. This takes documentation and proof in the courtroom. Child custody battles prove to be a slippery slope that can head any direction – this might be the time to hire legal counsel. 

As Always,

Little Tboca

Parenting Plan Before Divorce

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. 

http://www.alllaw.com/articles/family/divorce/article33.asp

As Always,

Little Tboca