Children & Divorce: Custody, Visitation & Child Support:
Child Custody (key facts to remember!): Go to State Specific Information
The court makes the final decision, thus assuming full responsibility in order to permanently safeguard the child against acute or chronic feelings of guilt.
In most states the court will consider the child's wishes according to his or her age.
In a situation involving more than one child, experts feel that it is usually best to keep all siblings together with respect to the custody arrangements.
Divorce splits the bond of husband and wife, and custody splits the bond of parenting.
A custody dispute is more likely to be more difficult than the divorce itself, because the bond of parenting is typically stronger than that of marriage.
Most importantly, each and every family is unique, with very distinctive needs and desires that must be kept at the forefront of any and all considerations.
Visitation (key facts to remember!): Go to State Specific Information
When one parent is awarded custody of the child, the other parent is granted the right of visitation. Visitation plays a role in almost all custody arrangements unless deemed not to be in "a child's best interest."
The guidelines for visitation should be agreed upon promptly to prevent any future misunderstandings. It is the responsibility of the parents to arrange for a reasonable schedule of visitation. Failure to do so in a timely manner will force the court to assume complete control. This discussion should be approached by both parents openly, in order to thoroughly address the central issues of when, where, and for how long.
It is important to always bear in mind that the child has a right to maintain an ongoing relationship with both parents. Once arrangements have been made, they should not be deliberately interfered with or ignored.
It is the responsibility of the custodial parent to prepare the child for the first visitation. The visits are normally non-supervised and occur at the non-custodial parent's residence.
Visitation patterns that evolve throughout and after the final divorce typically reflect the pre-divorce relationship. However, the temporary visitation arrangements made prior to the final divorce are not always the guidelines followed after the divorce.
Child Support (key facts to remember!): Go to State Specific Information
Divorce will never end the legal obligation for support. Each parent, although the bond of marriage has been broken, still retains a legal responsibility to provide adequate support until the child reaches the age of emancipation. The legal duties of support are based upon the needs of the child in conjunction with the abilities of the parents as dictated by income and assets owned.
The courts generally focus on income after taxes, and support is rarely the sole responsibility of the non-custodial parent, because it is understood that the premiere job of the custodial parent is to provide a sufficient household.
Child Support is a combined effort to obtain a fair distribution of financial responsibility, so the child may live in a manner similar to that which existed before the divorce. There are many different variables to be taken into consideration, and it must be remembered that all situations are unique.
The one common denominator all parents should have is the desire to provide for "the best interests of the child." As in a custody battle, the court will have the final say in all matters. Thus, again, an out of court agreement is often the best measure to guard against the unexpected. The court makes the final decision, thus assumes full responsibility in order to permanently safeguard the child against acute or chronic feelings of guilt.
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