Added: 11/29/2005 |
Filling Out Divorce Forms - It Is NecessaryDivorce can get very nasty, especially if children are involved. Children are important to parents, and often the debate as to who gets custody of the children is lengthy, emotional and involves lots of divorce forms and paperwork. It can also be confusing to know all the various types of custody and understand what factors the court takes into consideration when making a decision to award custody to a parent. Here is information to help parents facing this issue.
One of the most important things for you to do in regards to child custody is fill out the divorce forms and the child custody forms. By filling out these divorce forms it shows that you have a significant interest in the child. It's also important if you decide to separate your spouse that you take the children with you. Courts look upon the parent who had control of the children when divorce forms were filed, even if you left due to an unstable situation or other excruciating circumstances.
Each court has different factors with different weight attached that assist judges in determining the appropriate custody for the child. However, most states take into account a variety of the same things, which include the child's age, sex, mental and physical health, the lifestyle of each parent, the emotional bonds between each parent and the child, the parents' mental and physical health, the child's established living pattern in regards to their school, community and church, which parent will better foster a relationship between the child and the other parent, and what the child's preference is, although this usually isn't considered unless the child is above the age of 12.
Depending upon what the court determines is in the best interest of the child, the judge can award a variety of custody to a parent. One of the most familiar types of custody is joint custody, in which parents are responsible for sharing in raising the child and making decisions regarding the child. Joint custody allows for the physical custody, which is where the child lives, to also be shared. Often this is done by living with one parent during the weekday and the other on a weekend or during the summer.
Judges can grant sole custody if one parent is deemed unfit to raise or have contact with the child. This can occur if the parent has an alcohol or drug addition or has a history of child abuse. This doesn't happen very often, as it has been determined to be in the child's best interest to have both parents involved in the child's life. Child separation from a parent doesn't benefit the child, except when protecting their safety and well being.
A new form of custody that can occur but is not real popular is called birds nest custody. It is a joint custody arrangement where instead of shuffling the child between two households, the child stays in one place, and the parents take turn moving in it for predetermined time periods. This is a unique child separation arrangement, and most courts don't award this type of custody. Divorce and child custody divorce forms though will allow you to specify if you are interested in this type of custody for your child.
Of course every custody arrangement does have visitation attached to it. Reasonable visitation is where parents work out on their own when and where visitation will occur. Fixed visitation is mandated by the court, and the parent without primary custody has visitation at a set time and place, sometimes with a court appointed liaison to supervise the visitation. There's also grandparent visitation, which is present in all 50 states. Although the laws vary from state to state, grandparents do have some visitation rights and can go to court to enforce these.
Getting child custody can often be the most important part of getting a divorce. There are several different types of custody a court can award for parents, which can also allow for a variety of visitations.
Parents need to keep in mind though, that they should fill out the proper divorce forms, and do what's in the best interest of the child, which is to work it out outside the court if possible.
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