There’s no denying that divorce or separation can one of the hardest times of anyone’s adult life. But, practically speaking, it is the children who suffer more than anyone else during such times. And this can be especially hard for you if your former spouse is requesting full custody of your kids and chances are you could be restricted from having any access to them.
That said, let’s look at some of the quick facts about the legal vocabulary surrounding child custody and divorce. A good grasp of this could save you from nail-biting anxiety as you await the jury’s decision.
1. Divorce Courts Will Put Your Child’s ‘Best Interests’ First
As far as child custody goes, the divorce court will have to use a legal standard that prioritizes your child(ren)’s best interests over any other factor. That implies that based on the judge’s evaluation of the each of the parent’s emotional, health and mental state, ability to provide guidance, care, and resources, they will make a decision on who will retain legal custody of the children. However, if the children in questions are still very young (under 3 years ), it is very likely that custody will be granted to primary caregiver – who in this case is the mother.
2. Of Visitation Rights
Have it at the back of your mind that even if a parent doesn’t have legal custody of their children, they still can visit their children in a ‘reasonable’ and ‘fair’ manner. Speaking of which, it is customary for the parent who has full custody of the children to decide what is ‘fair’ and ‘reasonable’. At this juncture, it is imperative for both parties to cooperate to make sure that the children involved in the divorce spend enough time with both parents.
3. Issues Surrounding Joint Custody Options
Sometimes, a divorce court could settle for a partial/joint custody in a bid to satisfy both parties. For example, in joint physical custody, both parents get to spend almost equal times with the kids. Joint legal custody, on the other side of the spectrum, implies that both parents will help the children from the ended marriage make important decisions in their life such as deciding on the best medical treatment to undertake or educational path to choose.
4. Having a Parenting Plan Can Take Away some of the Impact that a Divorce can Bring
Well, divorces can be bitter, hard and excruciatingly painful. However, the good news is that you can minimize the emotional and psychological impact on your children and ease your own stress by having a logical and detailed plan for visitation and custody. It is important to recognize that regardless of what happened between you and your ex-wife/husband, the children sired in that union come first. It is at these times that your divorce lawyer should corporate with the other party to come up with a comprehensive and detailed plan that will help make the separation as short and amicable as possible for everyone’s sake. This will also make organizing visitations and joint custody seamless and cordial.
