Divorce is hard, and it puts you under a lot of stress financially and emotionally. Breaking up from a relationship, even if it was the worst, is difficult. And things get all the harder when children are involved. The stress of having to see their parents constantly fight, home not being a peaceful space, and no one to talk to, children experience trauma — trauma that might haunt them for the rest of their lives and leave them worrying about having trusting relationships.
Imagine the pain of not getting to se one of their parents ever again or visiting them occasionally. Or a situation where they get to spend time with their parents in turns. All this is very stressful. And sadly, not many parents take the time to talk it to their children and explain how things will work out.
Most of them do not even validate the emotions of the child, which breaks them emotionally. So, if you are heading for divorce, make it a point to talk to your child about it. And in the case of joint custody, everyone must be on the same page. As joint custody is slightly complicated, make sure you ask your family attorney these five questions before agreeing.
What is Joint Custody?
In the event of a joint custody, both parents will have the right to decision making, care for the child, and be there for them. In other words, both the parents have a say on how a child would be raised, including aspects of religion, healthcare, and education. However, this is different from 50/50 custody, where there are a physical parenting schedule and reduced child support.
What determines the probability of getting a child’s custody?
The court’s decision to issue custody to one or both the parents depends on numerous factors. Family law aims at ensuring the child benefits the most physically, emotionally, and financially from the custody judgment. Remember that the parent who is most likely to provide all these will get the child’s custody. The child’s preferences are also taken into account if the child is over 12 years old.
However, if the child is younger than that, the court will decide to provide an abuse-free and a healthy environment. If it seems that both the parents have an equal chance of providing quality care to the child and have the means to do so too, both of them would get the custody.
Do you get paid child support if you get custody?
Yes, the primary caregiver of the child receives child support from the secondary caregiver. This is to ensure that one of the parents doesn’t face the burden of raising the child alone. In the case of joint custody, the parent providing physical custody will have to take care of expenses like food, housing, and other expenses of the child essential for survival. At the same time, the other parent will be responsible for most other expenses of raising the child, for instance, education and healthcare.
Can you deny visitation?
Visitation is one of the primary rights that your ex has over the child. And denying it would be a contempt of court. It will only invite more trouble your way. However, if you have issues like abuse, non-payment of child support, or any other challenge, you can take it back to court. Court authorities will intervene in the process and help you find an amicable solution.
Do you need a lawyer to get child custody?
Well, in most divorce cases, the court decides on the aspects of the child’s custody. And the low-cost representation that you get from the state lawyers should do the job. However, if your spouse demands full custody or tries to move the court against letting you have access to your child, you might hire a lawyer.
It is not necessary to have a lawyer to get child custody unless extremely unavoidable. It would only increase your financial burden during the time of crisis and add to your stress so, once you decide on a divorce, talk out the terms to your spouse and decide how things should pan out. This will save the two of you ample time and money.
These are just some questions you need to ask before heading for joint custody. Remember, the court always places the best interests of your child over emotions. So, what the court decides is probably for the best!