Dealing with divorce is a stressful experience that no one anticipates to go through. There are over 14 million custodial parents in the U.S. alone. However, when you have children with your spouse you are separating from, it can be more difficult to deal with the process. Agreeing with your spouse about the details of the arrangement and custody agreement can be difficult, and you may not see eye to eye. If you and your spouse cannot come to an agreement, a divorce lawyer can assist you with questions such as the ones below.
How is visitation determined?
A visitation order is determined by the judge in the state, however both parents can request a specific type of schedule if they can agree on it. The child’s preferences are also taken into consideration when the judge is determining the visitation schedule. It is important to know that visitation orders are not permanent and are subject to change until the child reaches a certain age. The number of days and times of the year can be modified when circumstances change, such as for health reasons or a change in residence.
Can I get joint custody after a divorce?
Joint custody is an increasingly common form of custodial arrangement. It is considered the best case custody arrangement because it benefits everyone involved. A court will attempt to choose joint custody whenever it is applicable because it is in the best interest of the child. If a court can determine that both parents meet the necessary criteria to be granted joint custody, they will grant joint custody. There are various joint custody arrangements, so if you would like to know how they are structured, you can ask a divorce lawyer.
How will the court decide custody?
There are several factors that the court reviews when they are determining child custody and visitation. The court will always prioritize the child’s best interests first, not necessarily what the parents want. They will examine whether a parent is fit to provide for the child’s physical and emotional needs. This includes whether a parent has steady income, can provide a stable home, is communicative with the other parent, or a history of alcohol or drug abuse. While both parents do have a say, it is ultimately up to the court to approve the legal decision.
What if my spouse and I cannot agree?
Whenever you can, try to work with your spouse and focus on your child’s needs so that you do not get emotional about your decisions. You have to acknowledge that you will not get everything that you want and you must compromise. However, if you and your spouse cannot agree, then the court will intervene. As you can find out from a divorce lawyer like one at May Law, LLP, if you and your spouse cannot come to terms with a suitable parental arrangement, the court will step in and create one.
If you are going through a complicated divorce and a custody battle at the same time, a divorce lawyer will be able to help you. Learn about the legal services you can receive from a qualified and experienced divorce lawyer by giving one a call.