Divorce is a major life change for a lot of people. It can be stressful, but it’s also a chance to get a fresh start and put things in order. It’s important to understand the basics of marriage, divorce and child custody to make sure you’re prepared for all aspects of the process.
When two parents divorce, they often want to share custody of their children. This can involve joint custody, where both parents have physical and legal custody of their kids, or sole custody, where one parent has physical custody and the other gets visitation.
The main idea behind custody is that each parent should have a fair share of parenting time and decision-making authority with the children. It is a complex issue that is best handled with professional guidance from an experienced family law attorney in Miami, FL.
Sole custody is usually awarded in situations where there has been domestic violence, a serious injury or a child abuse situation. In other situations, it is more common for the court to award joint custody or visitation rights to both parents.
There are many different factors a judge considers when deciding custody and visitation. These include each parent’s ability to provide for the children, the child’s wishes and the overall needs of the children.
The parents’ financial circumstances are also a key factor when determining custody and visitation. The judge may also look into whether or not the children have special needs. This can include issues like mental health or special education needs.
Another factor is a parent’s work schedule. A parent with a full-time job that requires frequent travel may not be the most effective at providing for their children, even if they have ample visitation rights.
In some cases, a Friend of the Court (FOC) may be appointed to help you and your spouse agree on parenting time and custody. They can help you work out a plan and can make a recommendation to the judge.
A few states give a bit of flexibility with their child custody laws, such as allowing a child to spend a specified amount of time each month with each parent. However, most states require the court to decide which arrangement is in the child’s best interest.
Generally speaking, it’s best to stick with the plan you and your ex-spouse agreed upon when negotiating custody. Trying to change it after the fact could be problematic, especially if your move out of state or away from the child’s school would disrupt their daily routine.
You should speak with an experienced family lawyer as soon as you know that you are getting divorced. They can help you work out an agreement that meets the needs of your children and gives both of you as much time as possible with them.
When you are a parent, it is important to keep in mind that the courts can take into consideration your current income, as well as your former spouse’s income. They will also consider whether the children have any unique needs that require additional financial support. For more details visit https://www.themiamidivorceattorneys.net/family-law-attorney/.