Unfortunately, divorce is one of the things that no one really plans and it can be stressful since you have to confront your relationship and deal with how you want to divide the community property. When it comes to divorce and there is a child or multiple children involved, things can get a little more complicated as a family lawyer from our friends at Brandy Austin Law Firm knows all too well. Often the question that is raised is “Well, which one of us gets custody?” Well, in many divorce proceedings, the child’s parents are free to agree on any custody arrangement they prefer. If there is a decision made, you can choose where your child will live and when and how often they will see the noncustodial parent. But, in that situation, you would have to both agree on how you want custody handled. In most cases, parents cannot agree on custody and need to go through different processes. You can do meditation, hire a child custody attorney, or if all else fails the court can decide for you based on the evidence that was provided.
- A neutral third party can be involved to help come up with a solution. 2. Child Custody Attorney
- An attorney can help you figure out what’s best for your child and can help you negotiate with the respondent/ ex-spouse.
- Court’s decision
- If there are no decisions that can be made, the court can decide how the custody will be divided.
Judges may also interview a child that is 12 or older to listen to the kid’s wishes, desires, and opinions regarding residency and primary conservatorship. But, the judge does not need to decide custody solely on the child’s request, they will look at the entire circumstances and whether the desires of the child are in their best interest. Courts will not give custody to a parent just because the kid wants to choose the parent that gives them whatever they want or has a pool at the house. Interviews only happen if there is no agreement with the parents. So, if you reached an agreement and did not need to higher
Child support is another issue that comes up during a divorce with children. Some states calculate child support from a parent’s after-tax resources, so their paycheck is the main factor. In a situation where the parent who is obligated to pay child support does not support any
children other than children receiving child support under the party, this is the general guideline for child support:
One Child – 20% of Net Resources
Two Children – 25% of Net Resources
Three Children – 30% of Net Resources
Four Children – 35% of Net Resources
Five Children or more – 40% of Net Resources
Although the beginning of a divorce with children is similar to a divorce without children, it progressively gets more complicated. According to a recent Scientific American article, although divorce can hurt children initially, most kids adjust well over time. Only a small percentage of children have serious problems in the wake of divorce or later on, as adults. Kids tend to recover rapidly and researchers have found high levels of parental conflict during their adolescence are associated with poorer adjustment in children. Accepting the fact your spouse wants a divorce can be difficult, however, once it is accepted, the focus should be on steps they can take to protect children in the divorce. Always talk to an attorney if there are issues within your divorce, especially regarding child custody and support.