Child Custody Legal Advice

The unfortunate part about divorce is that the child custody battle is a whole other legality. Both court arrangements will be held on two different dates with two different points of interest. Prior to filing for custody, you will have to fill out a form called 'Statement of Arrangements'. You may fill out this form yourself but it is highly recommended that you receive legal advice about child custody first. Your lawyer will help you fill out the form to your benefit. After completing the arrangement and both parties have agreed, both you and the other parent will have to sign the document.

If neither you or the other parent can come to an agreement, even after the organization of the Statement of Arrangements, then you will have to state your case before the judge. The judge will then decide what arrangements will be made based on the wellbeing of the child. The judge will decide on 1 (or several) of the following 4 orders:

• Residence Order = Also known as a custody order, which states who the child will reside with.
• Contact Order = This order decides who will be able to talk with the child.
• Prohibited Steps Order = The judge makes cautionary steps in case a parent were to take the child out of the country or were to take them without the permission from the sole provider.
• Specific Issue Order = Usually the most simple order of all. The order will decide where the child will go school or any other existing issues with the child.

After the decision of the child custody is made, the legalities of child support is then decided. The issue of child support, which is the money that the other parent is ordered to pay, is usually dealt with separate from the child custody battle. Even if both parents have joint custody, the parent with whom the child resides with the most, is entitled to financial support from the other person.

The child support agency located in your town will assist you with any payments that need to be made or questions that you may have. Many parents find themselves at the agency when the other parent refuses to pay. Unfortunately, even when the parents agree on a monthly payment, the other person will either forget to pay or will make an excuse as to why they cannot pay it. It is recommended that parents go through the child support agency even if they have both came to an agreement. The agency will finalize it and make it set in stone so that both parties will have to uphold their end of the bargain.

Any legalities that involve children are always difficult. The effects of a divorce on a child can impact their life beyond repair. The most important thing to keep in mind is that even if the child is young in age, they still need to have a say in what happens to their future. After all, this divorce involves you and your spouse, not the child. By working together with the other parent, and speaking with your lawyer, you will keep the judge from having to make the decision for you.