Even if you are the one who wanted a divorce and things seem to be amicable between you and your spouse, it is always best to hire a divorce lawyer if there are children involved. What starts out as a simple divorce agreement can turn ugly fast when child custody and support is involved. In most cases, it is not as simple as one parent has custody with the other having specific visitation rights and paying child support. Even if you and your spouse agree to custody and support arrangements, the court may have different stipulations in mind. A divorce lawyer has experience in these matters and will have a good idea of what the court expects pertaining to the children. Here are just a few ways having an attorney will help you through the custody and support issues.
It is common for parents to share custody. It may not be a 50/50 split, but it is often more than one parent only seeing the children every other weekend and certain holidays. Because the two of you may end up not living in the same school district, there can be issues with who has to provide transportation to and from school when the child is staying with the parent not in the district. There may also be situations where the grandparents want to be sure to have specified visitation rights. It is also important to remember that there are two types of custody that must be arranged, physical custody and legal custody. While physical custody is self-explanatory, legal custody is a bit different. Generally, both parents will share equally in the legal custody, meaning they have the same rights when it comes to medical decisions, obtaining information from schools, or signing documents as the guardian. However, there may be circumstances in which one parent has more or different legal rights than the other. This will all be included in the custody section of the divorce decree.
How much support is paid can be tricky. It involves the income of both parents individually, the current lifestyle of the child, and how much physical custody each parent has. It is important to remember that child support is for the child. While you may feel you do not need the money, if the court may determine that in the best interest of the child, it needs to be paid. It is always best to let your lawyer come up with the amount so you are sure the court will agree to it. If you try to do this on your own, the court may still require a different amount.
Even the most amicable divorces cause emotional upset and turmoil. Don't try to solve everything on your own; contact a divorce lawyer and let them handle things. It really is the best way to ensure you and your spouse don't end up at each others' throats.
For more information, contact an attorney like Mark Green Attorney.Share