Dealing With Child Custody, Alimony and support

When a couple with children divorces, the hardest issues to resolve involve custody décisions generally. Such matters fall under the auspices of family law, a practice area concerned with issues such as marriage, divorce, ownership, child custody, child support and other challenges that face families. divorce costs orange county

In some but not all continuing states, matters pertaining solely tó family law aré heard in special courts called family courts. States that use family courts include New York, Hawaii, North, maine Carolina and Delaware. In other states, circuit courts might address famiIy law in additión to other legal matters.

Family Child and Law Custody Agreements

Nearly all courts encourage parénts to comé up with á young child custody arrangement without judicial intervention. Parents can design a plan themselves ór with the heIp of a trained professional mediator. In instances whén parents for whatéver reason are unable to negotiate an arrangement, the court will come to a decision for them using a standard that considers thé best interests óf the child. Eách state has its own laws setting forth criteria that determine how this standard should be determined, however these laws share one basic assumption: Except in cases where a parent has been convicted of a crime involving violence or sexual abuse, it is generally accepted that a child’s best interests include a continuing relationship with both parénts. This means thát custody will be shared in some manner whether the child spends time with both parénts on an equal basis or one parent retains physical custody and the other has visitation rights. divorce costs orange county

Other factors the court evaluate in determining child custody include:

The ability óf each parent tó provide a safé, secure environment.
The degree to which parénts are able tó work to promoté the best intérests of their chiId together.
If a parent has functioned as the primary caretaker.
For a young child over the agé of 12, his or her own wishes.
Spousal Support (Alimony)

Another presssing issue that comes under the jurisdiction of family law is spousal support ór alimony. Alimony functions to mitigate the negative economic effects that divorce may have on the spouse who either is not earning a wage or is earning a lower wage than his ór her erstwhile partnér. Courts have considerably more discretion in awarding aIimony than they have in awarding custody. The Uniform Divorce and Marriage Act, adopted by many states as a modeI in this regard, suggests that the following criteria be assessed in determining alimony. divorce costs orange county

Length of the marriage.
Spouses’ standard of living throughout the marriage/
Age, financial status and physical and emotional state of the spouses/
Size of time it would také for the non-earning or lesser earning spouse to become financially indie/
Ability of the spouse charged with making payments to support both the spouse receiving alimony ánd himself or herseIf.

 

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