Even if both parties agree that a divorce is the best solution to insurmountable problems, it is still hard. When you add children to the mix, it can get complicated. Some couples manage to put their differences aside long enough to create a viable custodial arrangement. Sometimes one of the parents questions the reliability of the other and considers sole guardianship. If you are experiencing difficulties with the issue of custodial care, a Durham NC custody attorney may be just what you need.
If you and your estranged spouse are cooperating with one another, and making your kids the number one priority, a joint custodial arrangement can usually be worked out. This is a plan for parents who are ready and willing to share the responsibilities of raising their children. Sometimes courts step when parents get to a sticking point in their negotiations.
Most of the time kids end up living with one parent during the week and spending weekends, or alternate weekends, and holidays with the other parent. This arrangement can have advantages for the adults. When one, or both, are involved with new partners or have moved away, this is a convenient arrangement. Alternating visitation on holidays is common and a good way for extended family to get to see the kids.
Bird nesting is becoming more common. This plan involves the parents moving in and out of the primary residence instead of the children. Most couples keep separate homes they use when it's not their turn to have the kids. A lot of parents decide to do this because it creates a more stable situation for the children, especially the youngest ones.
In the case of abuse or instability, one parent may have no option but to sue for sole custodial rights. A decision like this has to be approved by the court. To get approval, the partner suing has to prove to a judge that the spouse is physically abusive, abuses drugs or alcohol, or is financially, mentally or emotionally unstable. The accused has a chance to defend against the charges.
There are advantages to sole custodial care. The children stay in one home with the parent who is able and willing to be responsible for them. They are not directly subjected to the other parent's issues. Not having to interact with the other party, when the divorce was unpleasant, gives everyone time to gain some perspective. The custodial parent may have physical or legal custody, or both.
Occasionally parents can't come to any kind of agreement regarding the care of their children. In this case, the judge can appoint a guardian ad litem. This individual is the children's advocate. The guardian ad litem assesses the family structure and makes a determination as to the best custodial arrangement. That information is passed on to the court.
Divorce is difficult even when you know it's the only choice. Having children makes it even more traumatic. It's important for the parents to act like mature adults and put the interests of the kids above all.
If you and your estranged spouse are cooperating with one another, and making your kids the number one priority, a joint custodial arrangement can usually be worked out. This is a plan for parents who are ready and willing to share the responsibilities of raising their children. Sometimes courts step when parents get to a sticking point in their negotiations.
Most of the time kids end up living with one parent during the week and spending weekends, or alternate weekends, and holidays with the other parent. This arrangement can have advantages for the adults. When one, or both, are involved with new partners or have moved away, this is a convenient arrangement. Alternating visitation on holidays is common and a good way for extended family to get to see the kids.
Bird nesting is becoming more common. This plan involves the parents moving in and out of the primary residence instead of the children. Most couples keep separate homes they use when it's not their turn to have the kids. A lot of parents decide to do this because it creates a more stable situation for the children, especially the youngest ones.
In the case of abuse or instability, one parent may have no option but to sue for sole custodial rights. A decision like this has to be approved by the court. To get approval, the partner suing has to prove to a judge that the spouse is physically abusive, abuses drugs or alcohol, or is financially, mentally or emotionally unstable. The accused has a chance to defend against the charges.
There are advantages to sole custodial care. The children stay in one home with the parent who is able and willing to be responsible for them. They are not directly subjected to the other parent's issues. Not having to interact with the other party, when the divorce was unpleasant, gives everyone time to gain some perspective. The custodial parent may have physical or legal custody, or both.
Occasionally parents can't come to any kind of agreement regarding the care of their children. In this case, the judge can appoint a guardian ad litem. This individual is the children's advocate. The guardian ad litem assesses the family structure and makes a determination as to the best custodial arrangement. That information is passed on to the court.
Divorce is difficult even when you know it's the only choice. Having children makes it even more traumatic. It's important for the parents to act like mature adults and put the interests of the kids above all.
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