Going through a divorce is never an easy process, even if the separation is an amicable one. Almost half of all married couples in the United States will get a divorce, and if the marriage should fall apart, it’s important to know what to do if you have children and you need to resolve the question of custody. This article will look at how to settle the difficult question of child custody during a divorce.
Once it has been determined that the marriage is ending and a divorce is imminent, the first step to take is to contact a law firm that specializes in both divorce and custody agreements. Working with a divorce attorney who specializes in this difficult process will automatically help to make the process of divorce that much smoother.
After talking to the law firm and engaging an attorney, the next step is to begin looking at potential custody arrangements. The primary question is, will one parent have sole custody, or will both parents retain joint custody? The answer will depend greatly upon the nature of the divorce. If the separation is amicable, it is not uncommon for parents to share custody so the children can continue to see both parents on a regular basis. However, if the separation is not amicable, seeking sole custody might be required.
If sole custody is being sought by one or both parents, the lawyer will likely ask the court to schedule a child custody hearing to determine which parent is more suitable to receive sole custody rights. This process can be lengthy and would involve social workers visiting each parent’s home to examine potential living environments and whether or not either parent has a stable home available. This process can be dragged out if both sides insist on sole custody of any children.
If joint custody is what is agreed upon, then the final step would be to establish visitation rights that are agreeable to both sides. This would involve scheduling how long the children stay with each parent (and technically one parent would still have primary custody). Once this is agreed upon, the matter of child custody during a divorce is usually settled.
In conclusion, there are several steps to follow when settling child custody during a divorce. The first and most important step is to contact a law firm and engage a divorce lawyer that also specializes in child custody agreements. Afterwards, it is a question of whether joint or sole custody is being sought, as each way requires slightly different legal procedures. The important thing is to settle child custody in a way that satisfies all parties with minimal stress on the children.