3 Things You Need To Know About Family Law As A Couple Considering Divorce
In the past decade, the number of children that live in a single-parent household has grown exponentially. Parents who undergo divorces tend to turn child custody into a contentious and competitive process, with the parent getting the most custody being termed as a winner. However, parents tend to overlook the fact that in setting their score with their ex, their child has to experience the horrors of a broken marriage. In order to make the entire experience smooth and trauma-free for their child, listed below are a few things that couples considering divorce should know about family law:
There are multiple types of custody arrangements
There exist multiple types of custody arrangements and parents can either opt for a shared responsibility or fight for sole responsibility accordingly. The types of custody include physical custody and legal custody.
Physical custody refers to which parent the child will live with after divorce whereas legal custody refers to which parent will be responsible to make decisions about the child’s upbringing.
With respect to physical custody, parents could either be granted sole custody or joint custody in which the child lives with each parent on an alternate or a pre-scheduled basis.
A third type or custody arrangement is non-parental custody in which close family friends or relatives seek the child’s custody.
2. Take great care in hiring an attorney
Since a divorce itself is an emotionally exhausting process, individuals should make sure that they hire a well-experienced and renowned family law attorney or firm like Bombardieri Family Law. The right attorney can help relieve you of most stresses associated with a divorce and simply make things easier for you.
After you choose your attorney, make sure that you are well prepared for your first meeting and prepare a list of questions that you may have for them. You should also consider creating a list of facts that you are likely to share with your attorney and make sure that he is well informed about the intricacies and nuances of family law.
One should always remember that their attorney is their representative and the more cooperation the parent shows, the better their custody case is likely to be. A parent should realize the significance their attorney would play in their custody battle, and hence they need to make this choice after much thought and consideration.
3. Reaching a custody agreement has multiple nuances
Parents can decide on a custody agreement in an informal and amicable manner, or use a mediator or reach an agreement through a court decision. Irrespective of the way you choose to go ahead, you shouldn’t reach a decision or an agreement without seeking legal help. When you reach an agreement informally or through a mediator, the drafted agreement still has to be presented in front of a judge and legally approved.
Mediation is less complicated than a courtroom setting and can be very collaborative in most situations. This involves a neutral third party structurally leading a divorced couple through the intricacies of child custody which is followed by a written, duly signed, formal agreement.
Child custody matters that make it to court are generally less amicable and very emotional. They become adverse in most cases and the judges more or less always make a decision that is the best in a child’s interest.
Courts consider multiple things while granting custody which may include the child’s relationship with their parents, the parents’ willingness, the parent’s residence and living situation, the child’s age, the parent’s financial stability, and any history of abuse or neglect. A court’s decision is very detailed and arrived at from different perspectives, and hence the entire process can get very long and tiring.