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Family court deals with all kinds of familial issues and negotiations. A multitude of different case types might relate to divorce and be heard through the family court. When a couple divorces, they are choosing to end their marriage and live individual lives. They are free to remarry. All property and assets are divided between them. Child custody arrangements are also made if the couple has children.
Divorce-related cases might be about initial child custody agreements, child support payments, modifications to a custody arrangement, spousal maintenance, and actions that enforce a judgment made in a divorce. Divorce attorneys are able to give individuals in these cases proper legal representation. They also give advice and help people understand the options available in their circumstances.
Any case related to child custody will be heard in the family court. Child custody refers to all matters relating to which parents perform which parental responsibilities. The court will make a decision based on the best interest of the child. This means the judge will base their ruling on the arrangement most likely to promote the child’s psychological well-being.
There are many different types of custody arrangements. Different arrangements are used in different circumstances. Every custody case is different, and there are many factors the judge takes into account. Because cases are so complex, they’re often a strong point of contention in divorces.
These are just a few of the factors the court will take into account when making a custody decision:
- The child’s wishes
- The current division of responsibilities in parenting
- Each parent’s individual character
- Overall household stability
- Past criminal history
- Any past history of abuse or violence
- Community connections
- Each parent’s living environment
In many cases, child custody is just one part of a much larger divorce case. Divorces involve the negotiation of numerous details. You’ll need to divide your assets, decide who is responsible for debts, and make any additional required terms. However, if the child’s parents aren’t married, a child custody case may be tried separately from a divorce proceeding.
It’s important to get in contact with a good divorce attorney where child custody is concerned. It’s also important to try to work with your ex-spouse rather than against them. Above all, you should be considering what’s best for your child.
Divorce laws and custody laws vary depending on the state. Your attorney will be well-versed in local laws and cases. They’ll be able to help you understand your options and come up with negotiating ideas. If you need to find proof of the other parent’s wrongdoing, your attorney will help with documentation. They’ll also file all the necessary paperwork. Custody cases can become contentious. In situations where you can’t work constructively with your ex-spouse, your lawyer can advocate for you by speaking to your ex-spouse’s lawyer.
Child support is another divorce-related case that might be heard. If parents with minor children get divorced, one parent is often required to pay the other parent child support. Typically, the parent without primary physical custody will pay child support to the parent with primary physical custody.
Child support payments are a way for a parent to meet their financial obligations even if they don’t play a large physical role in their child’s life. All parents are required to fulfill parental obligations to their children in some way.
The exact amount of the child support payments will vary based on a number of factors. One of the biggest factors is the income of each parent, along with who has physical custody more often. There have been cases in which child support is affected by an individual child’s needs.
For example, a parent may be ordered to pay for their child’s medical insurance. If there are ongoing medical expenses, an agreement may be reached regarding each parent’s financial obligation. If there are expenses related to childcare, like paying for daycare, the court may set terms for how much each parent pays.
Your divorce attorney will have extensive experience negotiating child support cases. They’ll review the factors at play and advocate for you. The judge will make a decision based on what they believe each parent is obligated to provide for the child.
Some spouses can receive spousal maintenance for a certain period of time after a divorce. The circumstances for alimony vary widely depending on the state. Some states, like New Hampshire, do not allow any kind of spousal maintenance.