Children and divorce: The basics of custody and child support

In the classic movie "Kramer vs. Kramer," Joanna (Meryl Streep), unhappy with how her married life turned out, left her husband Ted (Dustin Hoffman) and her son to fend for themselves, only to return and seek sole custody of the child. During an emotionally charged court scene, where each party laid down his and her arguments, the husband said, "What law is it that says a woman is a better parent simply by virtue of her sex?" In turn, the wife said, in few but loaded words: "A boy needs her mother."

 

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Such lines strikingly echo how both parents view their chances at winning a custody battle. Fathers think mothers have an unfair advantage, and mothers think their former husbands are too busy and too detached to nurture their children. But stereotypes aside, the law accords each parent an equal right to custody of a child.

Divorcing spouses may decide about custody without court or other third party intervention. But if by any reason parents could not reach a decision, then the court has to intervene.

 

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Legal custody entitles a parent to the right to make decisions concerning the needs and wellbeing of the child. Some state laws award joint legal custody, allowing both parents to retain their legally ensured rights to decide for and about their child.

Meanwhile, in physical custody, the court determines with which parent the children should stay. The other parent, on the other hand, is given visitation rights, the schedule of which may be decided either by the court or through mutual agreement by the parents.

 

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In some cases of physical violence, or financial or emotional incapacity in one party, which can hinder children's development or even endanger their safety, the court grants one parent sole custody. The other parent is granted liberal visitation rights, unless his or her presence causes stress or harm to the children.  

Divorce attorney Maria Rivera Ortiz has worked on all aspects of family law, including child custody, for over two decades. Be informed about the basics of parental rights and more by subscribing to this blog.

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.