An important consideration in parenting plans: The “best interests of the child” standard

As a general rule, courts would not interfere in parenting. That is, parents are given the widest possible latitude in rearing their own children. The State, through the courts, would only have a say in this matter when contentious issues, requiring, ideally, an objective and a sound resolution, and usually brought up by the parents themselves, or the child or his or her representative, as the case may be, concerning such rearing would come about.

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Contentious issues on parenting invariably arise when spouses separate or get a divorce. One of these issues is the custody of the minor child or children, before or after separation or divorce.

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Parents could either mutually determine the arrangement they are most comfortable with given their situation or the circumstances surrounding the separation or divorce. Of course, this is the most encouraged route to avoid pointless tension on matters that can be threshed out and settled on, with the aid of an attorney. This would ensure that separation or divorce proceedings are not unduly prolonged to lessen impact on the child. An added advantage is an almost seamless transition by the child toward a life with separated or divorced parents.

At the core of all parenting plans, whether agreed to beforehand by the parties in proceedings or pleaded to be adjudged by the courts, would be the standard of the “best interests of the child.”

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What would be the custodial arrangement that would redound best to the interests of the child? Parents, being the ones privy to the internal structure of their family, unavoidably affected by the separation or divorce, must think long and hard about this. Otherwise, the decision would fall under the judge.

What are the factors that should be considered in upholding the “best interests of the child” standard? To the author, these should include, but should not be limited to, the following:

• The child’s preferences
• Protection of the child from abuse and domestic violence
• Health or physical condition of the child and parents
• Financial capability of the custodial parent
• Nature of employment of custodial parent in reference to presence in the prospective home or access to the child
• Prospective home with adequate facilities for the child’s growth and development
• Proximity of prospective home to the child’s present, or preferred, school
• Environment where the child could engage other children in friendship

Maria Rivera Ortiz is a divorce attorney who aims to assist parents in touching base with each other, in an amicable manner, as much as possible, to ascertain the best custodial or co-parenting arrangement that can be agreed on for the best interests of the child. Visit this website for more information about her practice.

How to limit the sting? Divorce planning helps

Nobody said getting a divorce is easy. Emotions will definitely run high, and an exhausting wealth of time and money will be spent until the courts hand over the decision.

The savviest lawyers advise their clients to think ahead. Qualified family law and divorce attorneys like Maria Rivera Ortiz give due importance to thorough planning to spare their clients from additional stress and headaches in the process.

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For starters, building a team of family law experts and divorce financial planners immediately clears the road ahead. Not only can strategic legal planning help individuals avoid even the most unthinkable traps, it can also get the court to decide on matters such as custody and finances to their advantage.

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Organization is also crucial in planning well, so keep a divorce file. Divorce could mean lots of paperwork. Divorcing parties should document all bank statements, credit card statements, property titles, stock options, tuition and other costs of sending the kids to school, among others. If grounds for divorce include infidelity or abuse, file all gathered evidence--e-mails, medical records, and even photos.

It is imperative to plan for the children's wellbeing and explain why the divorce has to happen. While a divorce ends a marriage, it doesn't end either party's responsibility toward their children, who should be helped in the coping process. More importantly, parents should decide what is best for them as far as custody is concerned. Depending on the situation, the court can grant sole custody, but co-parenting would usually be a healthier, sounder option for the kids, both financially and emotionally.

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Older individuals seeking divorce should avoid getting caught up in legal and financial troubles by reviewing and revising their estate plans and affidavits of their retirement and insurance plans. Some retirement plans and benefits automatically assign the spouse as beneficiary. But following a divorce, one can make an affidavit specifying who should get the benefits instead. Having a living revocable will or trust will also make it easy for life's unexpected turns.  

For two decades,Attorney Maria Rivera Ortiz has worked on divorce, child custody, and all other aspects of family law. She has helped clients in making sound, well-thought plans to cope with the divorce process. Know more about why it pays to do divorce planning in this blog.