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Divorce Law and Children

Posted by Ivan Marshall on

Divorce or legal separation is never sweet, and nobody wants. However, when a marriage is unworkable, even after all efforts by concerned parties to salvage it, divorce is the only way out. The law has a lot to say about divorce because a lot is involved in a successful, conclusive divorce.

The law stipulates clearly the procedure to be followed once a spouse files for divorce. During the proceedings, the family court may issue temporary orders on child support, which must be followed strictly until the divorce process is successfully concluded. For example, determines who takes responsibility for their welfare, including their upkeep, accommodation and school fees, among others.

During the divorce process, the couple is expected to come up with an agreeable plan on the welfare of their children. The couple has to agree on who takes legal decision making responsibility for minors, including their schooling, medicare care and financial support.

Child Custody

This concerns where the children in the concerned marriage live, and who takes responsibility for their welfare. Usually, minor children end up exclusively and solely in the hands one parent, while the other parent gets regular, unsupervised visitation rights, unless there is a limiting factor like child abuse.

While the custodial parent, the one who lives with the children, has exclusive legal responsibility to make decisions concerning the children, there are instances where this is restricted. In such instances, even the non-custodial parent has to be involved in decision making for specific aspects of the children’s welfare. The two can reach an agreement to have one parent be in charge of certain matters, with the other parent taking responsibility for others. For example, one parent could be responsible with their education and religious matters, while the other oversees health and extra-curricular activities.

Child Support

Child support refers to the financial support accorded to the custodial parent by the non-custodial parent for the welfare and upkeep of all children below the age of 21. If the two parents are unable to agree on this amount, the court may be forced to use a specific standards formula to determine the amount, also called basic child support.

If the both parents reach an amicable child support agreement, they must submit it to the court, which determines whether it’s in the interest of the child(ren) or not. This is where divorce lawyers come in: to make the process as smooth and stress free as possible.