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Divorce and Custody

By BreakUpAdviceOnline.com Staff

Marriage takes a time to build and just months for divorce to finish. This painstaking process isn’t just about the alimony or how it affects the couple. It also has an impact on the children who are caught in the middle.

The entire process of divorce may happen in or out of court. If there are children, the legal battle will begin and the judge will decide on certain merits who will have custody.

Since the children are still young, it is quite hard to explain what divorce is. To these minors, the only thing important is that there is a father and a mother that make up the family.

This may seem complicated seeing one of the parents not live in the same house anymore and the reason that visitation rights are given to cope with this situation.

Parents have to be honest when explaining divorce to the child. This should be explained in the simplest terms but reassuring that no matter what happens, these legal guardians will love and always be there.

Should the child have any questions, these must be answered without going into detail the real issues that led to the divorce. Being caught in the crossfire, the parents should always point out that it is not the child’s fault that this is happening.

The children are the priority when it comes to custody. A psychologist will have to speak with both parents and the child to be able to make an evaluation. This is submitted to the judge who will review it then make the final decision.

There are many issues when it comes to custody. Should the child still be of minor age, the judge will decide if both or just one of the parents will have the authority to decide on certain things until that individual has reached the legal age.

When it comes to the physical custody of the child, there are two types. The first is joint custody which gives both parents time to spend with the child. The second is called sole custody meaning one parent will keep the child and the other can only visit for a limited time.

Child custody can be done by the parent or with the help of a lawyer. The person has to go to family court first and fill up some forms before anything can begin.

Before hiring the professional, it will be a good idea to ask certain questions such as how long has the attorney practiced family law, how much will the services cost, opinion regarding the possible outcome of the case and how will this be handled.

It will also be a good idea to do some research about family law and read up on previous cases to be prepared for anything that may happen in court.

If the person has friends or relatives who have gone through the same experience, asking a little advice can also help strengthen one’s defense in the case.

Fighting a legal battle in court to decide on who will have custody will cost a lot of money. If both parties can talk and come to an agreement, then this is not necessary.

The impacts of custody will be hard as the child grows older. There will be times that this will suddenly come out in the form of rebellion. Parents can seek the assistance of a counselor or a doctor during this painful period.

Even if both parents are no longer living together, these people still have an obligation to give the best welfare for the child.

Divorce is not always because two people are not happy anymore. Should the case be due to physical violence and the other parent still makes contact despite a restraining order that has be issued, it is time for drastic measures to be taken.

This could be mean moving away for awhile and protecting oneself the best way possible until help arrives. It is only when the situation improves that this can be discussed with the child.

Judges have different view points when it comes to custody after a divorce. The arguments presented by both parties have to be reviewed carefully before a decision is made. It works on a case to case basic with the welfare of the child regarded as the highest priority.