One of the most complicated processes you might have to get through is separating from a spouse, especially when you have children. The court will demand that as you part ways, you should put in place measures to ensure that your children's future is secured. The agreements and parenting plans are some documents that you might have to draft in the process. Here is everything you need to know about establishing child custody.
What the Court Considers Child Obligations
When the child lives with both parents, they take care of the needs jointly. However, when the parents separate, one of the parents will have to house the child. The one primarily living with the child is known as the custodial parent. At the same time, the other parent will have to support the child financially since they are no longer living in the same house. The money the court recommends for meeting the child's needs is child support.
The Possibility of the Parents Making their Child Custody Agreement
Most people wait until the divorce proceedings become stressful to introduce child custody. However, it is possible to sit and make a custody agreement. It is a requirement as part of the parenting plan when filing for an uncontested divorce. Therefore, it is possible to create a custody agreement without dragging each other to court. However, you should always request legal guidance before signing the document. They will help you with the drafting and checking to ensure you have represented the child's best interests.
Changing an Existing Custody Agreement
It is possible to agree with the other parent and change the existing custody agreement. However, you will need a judge to enforce the new one before it becomes useful. The judges often don't approve changes to the agreement unless the parents have enough evidence that their circumstances have changed since the time of their previous agreement. Some situations they might think about include a child with a medical emergency or when a parent cannot make the agreed-upon payments. You should speak with the lawyer about your situation and see if you qualify for a modified agreement to avoid legal complications or denial in court.
The best way to handle custody issues is with the help of a competent family law attorney. With their guidance, you will get the choice that protects the child's best interests. They will also help lower the conflict associated with divorce. Contact a family law attorney near you to learn more.
Share26 July 2022
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