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Marital situations are made extremely complex when children and divorce are involved. Children and divorce add several emotional and legal issues to the dissolution of a marriage. Children and divorce legal issues include the physical and legal custody of the children, child support payments, visitation, and other considerations that will have a major impact on the lives and futures of everyone involved.
In terms of children and divorce, the current legal system will always judge in favor of a child's best interest, regardless of the wills and wants of parents. In the past the legal system tended to outwardly favor custody to the mother, which is still reflected in the way that many courts award custody. According to 1997 statistics about children and divorce, of nineteen states reporting custody information, 72 percent of the time child custody was awarded to the mother, nine percent to the father, and sixteen percent of the time joint custody was awarded.
There are two types of custody that are awarded in terms of children and divorce. Legal custody refers to the important decisions that are made about a child's life and future, including those made about school, health care, education, child care, and the like. When legal custody is awarded to only one parent, the other may not have much of an influence over the decisions that direct the course of a child's youth. Except in cases of abuse or violence involving children and divorce, both parents have the right to have information about the child, call the child, access school and medical records, and have each other's address and phone number.
The second type of custody in cases involving children and divorce is called physical custody. Physical custody of a child refers to the supervision, housing, and physical care of the child. Physical custody arrangements will detail who the child live with, where s/he spends weekdays, weekends, holidays, what activities each parent is responsible for, and the like. When sole physical custody is awarded to one parent, the other may only be able to spend time with the child during designated visitation times. Visitation provisions will also be determined during divorce proceedings.
Child support is also another crucial element to children and divorce situations. Child support is awarded to the primary caregiver and is to be paid by the other parent in order to provide for the child's needs. Child support is granted in any children and divorce case if it benefits the interests of the child. Each state has specific laws which punish those who fail to pay court ordered child support, though this is a major problem in cases of children and divorce. In 1994 it was estimated that 5.4 million US women and children were owed unpaid child support.
Because of these and many other legal considerations that arise in cases of children and divorce, it is highly beneficial to parents to seek legal counsel that can protect and maximize your rights in a divorce case. For more information about children and divorce, please contact us to speak with a qualified and experienced attorney who can help you.
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Issues Regarding Child Custody
Child custody rights may be shared by both parents or, primary child custody rights may be awarded to one parent or legal guardian. Since the 1970s the family court will award child custody rights contingent with the best interests of the child.
Child custody for fathers following a divorce is one of the most important aspects of a dissolving marriage. Throughout history the legal presumptions about child custody for fathers has changed significantly. Before the twentieth century children were regarded as the property of their father. Under common law, child custody for fathers was commonly awarded, as children were considered a father's rightful property. A major shift occurred after this period in history, as family courts came to favor mothers in child custody cases. It was presumed that under normal circumstances, children did better when placed in the sole custody of their mothers.