Going through a divorce process can be a trying time for couples but children are the ones who are mostly affected because they are caught in the middle of the marriage dispute. Some spouses even use children as blackmailing tools to try and retain properties shared during the marriage. Children on the other hand are quite defenseless and can do nothing but wait for the final outcome of the divorce settlement.
Resolving the issue of child custody is the most critical aspect of any divorce and sometimes causes the issue to drag on for several months or even years. It is important that all couples know the procedures involved in child custody before applying for divorce. This way, they will have a better idea of what to expect and therefore arrive at a divorce settlement quickly. Below is a brief look at how the different aspects of child custody generally work.
Types of Child Custody
All countries have different laws that govern child custody during a divorce procedure. Therefore, it is advisable for you to first familiarize yourself with the various laws of child custody that govern your country. This will give you the best chance to get the level of custody you are looking for. Unless under special circumstances, all courts offer child custody rulings while following specific guidelines stipulated by law. The law will help determine whether both couples get joint-custody or one of them is awarded sole custody. It also helps to establish fair visitation rights.
A look Into Child Support
Most cases of sole custody rulings also order the other parent to pay financial child support to the custodial parent. This is especially common in cases where the custodial parent is the mother. While some couples prefer reaching a personal arrangement rather than applying for child support, that is not advisable. In cases of personal agreements, the parent supposed to pay child support may go back on the deal and the custodial parent will be unable to do anything. However, when the custodial parent sues for child support and follows the legal steps, legitimate action can be taken when the other parent fails to make the agreed upon payments. Child support is meant to provide children conceived during the marriage with basic needs that ensure they live a comfortable life. The payment is made on a monthly basis and is determined by the number of children and income of the parent.
Factors Influencing The Court’s Ruling
Aside from keeping in line with the law, several other factors influence how the court arrived at that specific child custody ruling. The main aim of the court is to arrive at a decision that is in the best interest of the children or child involved. This is done through consideration of several factors. These factors involve things such as the health of parents, resources, ability to provide proper guidance and care, and the emotional state of the parents. Courts also check for present or past abuse of drugs and alcohol or other irresponsible behaviors by either of the parents.
Divorce is hard but it can be made easier if both parents have a mutual agreement of the type of child custody plan they want before going to court.
This article was written by McKenna Ferguson, a freelance writer and court clerk. Click here to check out McKenna’s trusted source of information on matters related to divorce.
