A lot of people often ask, how custody of children is determined during divorce? They may wonder what exactly happens during a divorce in case there are children involved. This article provides you with some basics of custody of children that might be a bit confusing but important if you want to keep the best interests of your children in mind.
Custody of children is considered in a divorce as the custody of the child of one parent. What this means is that the mother will be able to decide who can have access to the child and when. There are many different types of custody arrangements but some of the most common arrangements include the custody of the child from birth to the age of majority, the home of the child, and any decision on whether or not to allow the child to remain with a grandparent.
You are the primary care giver of the child but if your ex wants to be the primary care giver of the child, it is advisable that you let the court know. The court decides the child’s rights and obligations during the divorce. If you have been in a long term relationship and you and your ex have tried to work things out but she does not want you back, you can still have visitation rights.
The court will make a determination as to whether the child will be in the custody of the primary custodial parent or the non-custodial parent. Once the court makes its decision, the divorce and custody will go on and it will become more complicated. For example, if you had planned to raise the child but because of the relationship that you have with your ex, she won’t allow you to have visitation rights, then you would go to court and make an application to have your rights restored. Depending on the situation, the courts may not grant you your visitation rights.
If you have been granted visitation rights, you will need to show that your ex-spouse is not giving the child adequate time to be with you and to be with your other children. This can be difficult to prove because many times you will not know the exact schedule that the ex-spouse will be at the child’s home.
If you have visitation rights, the first thing that you should do is file an application in the local court in which you reside. You will be required to pay a filing fee and you will also need to send out a copy of a signed parental custody agreement that includes your visitation rights. If you are having difficulties getting your visitation rights granted, you can contact a local lawyer who specializes in divorce cases.
If you don’t know how to fill out an application for custody rights, you can always hire a family law attorney who can help you. A lawyer is there to provide you with all the legal assistance that you need when it comes to how custody of children is determined during a divorce.
If you are unsure about how to fill out an application for custody rights, you can always contact a lawyer. You can hire a lawyer to work on your behalf to help you obtain custody of your children. Once you hire a lawyer, he or she will handle all of the process for you, said a good divorce attorney.