Divorce and Child Custody - Tips To Help You Prepare

In this day and time, more than half of the people that enter into the holy union of marriage will seek to have it annulled. Twenty years ago it was not unheard of to be married for twenty five years or more. Now a marriage of five to ten years is a big step and celebrated with many adoring congratulations. Marriages in the twentieth century take place for more than just love - marriages of convenience are taking place more and more. Sometimes each party lives without the other and ofter without having any contact with them. Some marry because they are afraid of being alone and have someone there as they grow old. But if a only a companion is wanted, instead of a mate then it would be a lot more reasonable to get a dog or pet. If you have no intention of loving someone, why marry them and keep them from finding true love? When we marry for reasons other than love the marriage is almost sure to fail. This is the same case with those that get married because they are expecting a child; love should come first and be a building block of the relationship followed by trust and friendship.

When children are present in a marriage it can make things all the more difficult to end the marriage without having to hire a lawyer to help decide who gets the marital property as well as who the child (or children) will live with primarily, if an agreement cannot be made by both parents to share parental rights and responsibilities, then the court and legal system must become involved. The first step in a divorce that involves a child is to get a good lawyer that is familiar with family law and child custody, make sure you find out if they have a history of winning or losing their previous cases; this should tell you what to expect from that particular lawyer. If there is any dispute between you and the other parent over the custody of the child, decide what's best for the child, not what's best for you. Their needs should come first. Always. If you believe, under any circumstance that your child, or children will not be properly cared for be sure to tell your lawyer and have reasons and proof to back yourself up, or it will end up being a he-said, she-said situation. If you think your child is in any physical danger it is best for them to remove them from the source of it, but talk to your lawyer about this. You don't want to be charged with kidnapping your own child from the other parent.

If you share custody, both parents will have the right to choose what school your child attends, what doctor and dentist they will use, what extracurricular activities and social functions they will attend. Parenting will be equal as it was when you were together, and even though you will be living apart you will need to make the decisions regarding the child together. When one parent takes the role as primary parent, and the other is appointed secondary parent, the primary parent is entitled to make most of the decisions regarding the child, and do not require your approval or consent. Sometimes one parent is appointed to become the primary parent and the other parent is only awarded visitation, sometimes requiring supervision. This is done mostly in extreme cases when the other parent and the court believe the welfare of the child would be in danger if the child would go with the other parent.

After the petition for Dissolution Of Marriage has been filed you will appointed to go before a Mediator. A Mediator is a person appointed by the court to act as an impartial third party to both sides and negotiate between the sides. If no decision has been made between the parents and the Mediator by the end of the scheduled hearing date and time, another date will be scheduled. This will cost more money for court costs, lawyer fees and the such so it is best to try to come to a conclusion within the alloted time. If some cases where things are in your favor, your lawyer can request for your case to go to trial before a judge, and they will determine how everything is settled. Once a decision is made by a judge it is almost impossible to have the decision changed at any other hearing, so make sure that this is the best decision, because it pretty much will be the final one.

This article is only to prepare you for what to expect when going through a child custody battle with the other parent. Know where you are coming from, know where the other parent is coming from with their argument. The welfare of the child will be the only important thing in the eyes of the court, judge, or mediator and should be your sole concern as well.