Child Custody - Divorce Mistakes Network

You need to put the children’s emotional stability above everything else, regardless of your feelings about your ex-partner. No parent will want their children to suffer, and therefore, they must feel safe and loved, by you and your ex-spouse. The children are the most affected during a divorce, and hence, they need to feel safe and completely loved by both their parents.

child custody

The guide will help you make informed decisions when divorcing with kids. Some of the terms we’ll cover include:

  • Sole Custody
  • Joint Custody
  • Legal Custody
  • Physical Custody
  • Child Support, and
  • Temporary Child Custody

With our guide about child custody during a divorce and child support, you will learn how to handle it with more thought and knowledge than before.

Avoid These Child Custody Mistakes and More, Today!

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Child Custody Process Guide: Joint, Legal and Sole Custody - Doing It Right

When filing or battling for a case of child custody, you are prone to making some expensive mistakes that might wreck your efforts. Let’s avoid that. With our guide about child custody and child support, you will learn how to handle it correctly.

In this guide, you will learn about the following topics:

  • Sole Custody
  • Joint Custody
  • Legal Custody
  • Child Support

 

During this hard process and difficult circumstances, you need to let your children see that you understand their feelings. They’re the most affected during a divorce, and hence, they must feel safe and loved, by you and your ex-spouse. 

No parent will want their children to suffer. Therefore, when it comes to child custody, you need to put the children’s emotional stability above everything else, regardless of your feelings about your ex partner.

Now, let’s explore all about this crucial topic when divorcing with kids, to help you make informed decisions.

All About the Parenting Plans for Custody: Parenting Time, Child Support and More

A parenting plan explains how the parents will care and provide for their children after divorce. In the majority of cases, the court will require you and your ex-partner to make an arrangement about child custody before moving on with the process. In case you cannot agree on anything, the judge will impose the conditions. He/she might even opt for temporary custody (limited parenting time) until the hearing.

Keep in mind that judges won’t always know your children’s needs and the details about the relationship with your ex-partner. Therefore, it’s always advisable to work out this crucial aspect instead of relying on a judge to order the conditions.

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To bring your children and both parties the necessary relief during this hard process, it’s essential to consider the needs of your family. It should include all of the following aspects:

  • Parenting time
  • Visitation rights
  • Finances
  • Child care
  • Communication

 

This way you will bring your children the relief and love that they need during these hard times.

How Does the Family Court Proceed with Custody Plans?

The plan will determine who owns the legal custody and authority to make decisions regarding the children. On the other hand, joint custody requires both parents to agree on matters such as safety, health, welfare, education, care, etc.

Joint custody

The judge is likely to opt for joint custody most of the time, unless one of the parties has been involved in cases of domestic violence, drug abuse, mental illness, etc. 

Difference between legal custody and physical custody

Now, let’s talk about the difference between legal custody and physical custody. Physical custody determines who the children will live with, and hence, will share most of the time within their residence. This is the case even for joint custody. Under a sole physical custody case, one of the parents will be given visitation rights.

Shared custody and joint physical custody

However, courts nowadays aim to maintain a fair share of 50-50 between both parents, so that they both can be involved in a fair manner. We can refer to this as shared custody. Nonetheless, if one of the parents is considered incompetent due to domestic violence, drug abuse, or mental illness, the other parent will hold the total custody.

What Factors Should You Consider During Child Custody?

When anticipating child custody arrangements, you need to examine the different factors that will influence them and their future implications.

Consider the laws for child custody and support

Every decision that you make with your ex-spouse have to meet the guidelines and child custody laws for the court to accept them. Therefore, it’s necessary to consult with a child custody lawyer beforehand, to ensure that the plan will be accepted without issues.

Factor in the state’s jurisdiction

If you and your ex-spouse live in different states, you need to know what state’s jurisdiction will affect the case. In consequence, you will have to follow the corresponding laws during the process.

Consider a temporary child custody plan 

In case you cannot agree on a permanent plan, you can agree on a temporary one which will determine the custody rights, parenting time, responsibilities and more until you agree on every modification and factor to create a definitive plan. 

Also, consider that you can adapt the plan as your children grow. Because their needs will change as they grow older, and hence, you might have to adapt factors such as visitation rights and physical care to ensure their wellbeing.

Frequently Asked Questions about Child Custody and Support

We have grouped every question, issue, and the situation regarding this important topic, to help you find the answers you need right now.

What are the requirements for child custody?

The judge will consider the best interests and needs of the child to determine the custody. For example, the judge may consider the health of the parents in three main realms: physical, emotional, and mental. As well as being free from cases of domestic violence, drug abuse, child neglect, etc.

How a mom can lose custody?

If the mother has incurred physical or sexual abuse, the judge will deny the custody because it puts the child’s integrity at risk. In addition, the judge might also deny the custody if the mother has committed substance abuse or if she was not the primary caretaker.

How hard is it for a dad to get full custody?

It’s very hard for a dad to get full custody, especially if the mother is also filing for full custody. Therefore, you need to prepare yourself for a hard battle when fighting for sole custody. We recommend you get legal advice beforehand, and even better, hire a family lawyer knowledgeable about child custody to take the right steps.

What To Do When You Want to Make a Modification?

To modify a child custody plan, you need to do it through the court by making a petition to change the custody order needs. Once accepted, both parents will have to attend a custody hearing to present their cases. Finally, the judge will determine if the modified plan is valid.

 

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