The Problems After a Divorce

According to the research findings released on February 2009 by the American Psychological Association (APA), the numbers of children and adolescents spending part of their childhood within families which do not include both of their biological parents are increasing.

The main catalyst behind this rapid fragmentation of the family is divorce. With this growing acceptance of divorce among the community-at-large, there's a heightened awareness of the product of divorce - single parents - evolving in the legal community.

Issues occupying the legal forefront for single parents focus on child custody and financial arrangements. The solo parent population and their allies have turned activist in an attempt to secure equal status with their two-parent counterparts.

Single mothers are banding together via informal networks to seek solutions to the "fugitive father" syndrome. Unsatisfied with the results of more formal attempts to locate men who have shirked their commitment to child support and alimony awards, the women are exploring alternative methods to secure their due.

Single fathers have formed a loosely-knit national confederacy of "equal justice for fathers" organizations to assist men in custody fights and to lobby for more equitable divorce and custody laws.

When considering a divorce, parents are encouraged to read up on current child custody laws and emerging trends, and to take their time in securing a reputable attorney. Bear in mind that consulting a divorce lawyer does not always mean a divorce will follow. Some lawyer will not take a case unless the party involved assures them that they have had professional counseling or intend to seek it. Many attorneys will urge their clients to exhaust all possible avenues of reconciliation before initiating proceedings.

The importance of professional counseling by a certified psychologist, psychiatrist or other behavioral scientist cannot be overstressed. Divorce is an emotional crisis for everyone involved, but professional guidance can help people emerge from a divorce on solid footing. Most lawyers, ministers, physicians or teachers will gladly refer qualified counselors when asked.

Unfortunately, many problems do not end with the divorce decree. For example there are cases of "fugitive father" who has moved away in an attempt to evade his financial responsibilities. Such cases still happening today despite the law requiring state governments to maintain an office to trace the party and take legal action to secure payments. If you happen to have a problem with payments you should contact your local or state Child and Family Services Department for assistance.

The men weren't sitting still either. For years fathers are challenging child custody rulings, claiming a predisposition on the judge's part toward the mother, or traditional parent. Future attempts to overturn custody rulings may be avoided thanks to the law which prohibits the awarding of custody on the basis of sex. However, until that law becomes standardized for all states, fathers in some parts of the country may continue experiencing problems in securing custody.

A national uniformity in divorce and custody law is still a dream today since almost every state has its own law relating to divorce and custody. When the laws are in conflict, the federal court has traditionally refused to take jurisdiction in any matters relating to these issues, and legal chaos reigns.

One of the most dramatic and unfortunate examples of confusing custody law and the ensuing enforcement difficulties is the growing problem of child snatching, which can be regarded as the single largest unresolved tragedy in divorce. A fair and equitable divorce settlement accompanied by professional counseling is the best preventive formula. Parents should keep in mind that there are no guarantees with a divorce. It is the end of a marriage, but when handled properly, can help all parties to move into a new and better life.