While divorce and child custody are often connected, there are differences you’ll want to consider if you’re about to start a case. Here is how custody is handled in a divorce.
Do divorce and child custody get decided in one case?
In general, parents seek divorce and child custody in a single petition. That means they don’t have to complete two sets of paperwork, and the judge can issue decisions for both cases after a single final hearing. And, the consolidation of issues keeps the case in a single court.
In the U.S. and other countries, parents are required to have child custody arrangements (either ordered by a court or agreed upon by both parties) for divorce to be granted by the court. This often leads the court to order both issues simultaneously.
How does a divorce case with custody issues differ from others?
Divorce is never an easy process to go through, but for divorcing spouses who do not share children in common, it might seem like they have fewer hoops to jump through than parents who are issued orders for divorce … and child custody.
For instance, parents going through a divorce might be required to take a parenting class. In contested cases, they could be required to submit to a months-long custody evaluation and compile evidence to build their case for custody.
Childless spouses And spouses without children don’t have to fret about whether the terms for divorce they are considering are in the best interest of the child (more below). They might obtain a divorce judgment sooner, as they don’t have one less matter to consider.
Can I address divorce, and child custody separate?
Yes, in some areas. In New York, for instance, married parents can ask the court for child custody even before they have begun a divorce case. Parents generally do this if they want orders about how to raise their kids while they are apart.
No matter where you reside, you might agree only on custody or only on property division, and only one will be left to a judge.
Mediation in divorce vs mediation in custody
All the divorce issues in question are covered in divorce mediation. Custody mediation addresses issues of custody and other child-related issues.
Divorce and child custody may be mediated together, but many courts (including some, but not all, in New Jersey) will not allow you to discuss financial matters in some types of custody mediation that they provide.
If there are fewer issues to discuss, custody mediation is usually shorter than divorce mediation. Mediators Specialize in Both Types Both kinds are supported by seasoned family law mediators.
Divorce agreements vs. parenting plans
If you can, it is strongly recommended to at least try to resolve your case with your spouse. Avoiding the court boiling pot by making your own 1:1 deal, perhaps with a friendly lawyer or a neutral third-party like a mediator, can save you a world’s supply of both time and money.
Divorce Settlement Agreements Cover Every Issue Divorcing Spouses Agree On
Parenting plans outline the specifics of the custody arrangements — they explain who will have custody, visitation (or access) and support, and in some area’s the amount and frequency of child support. If you disagree, you can each propose a parenting plan to the court to demonstrate what you both think is best for the child.
One of the handful of items parents include in their divorce settlement is a parenting plan. This allows them to more clearly define their mutually acceptable parenting terms.
Alimony versus child support
Alimony is the monetary support, also known as alimony or spousal support, that one spouse pays to another following a divorce.
It’s also known as spousal support. The purpose is to allow the ex-spouse to continue living as she did while she was married.
It is granted, if the court finds one spouse is financially dependent upon the other and cannot adequately support themselves — or both spouses agree to it.
Child support is the consistent payment provided by the parent who doesn’t spend the majority of their time with the child, to guarantee they are fairly helping meet the child’s financial needs. It will be paid to the parent with the lower income where the parents split the time with the child equally. And unlike alimony, child support is almost a sure thing.
Best interest of the child
The best interest of the child is a concept that demands that children have a right to be protected through custody decisions and custody agreements in particular. Every jurisdiction considers different factors when deciding what is in the best interest of the child.
In making a decision about who will be the best provider for the child involved, when it comes to deciding custody of children in a divorce (or outside of a divorce), a judge is looking at both parent’s qualities to determine where the best home for that child will be. When both parents are on the same page, something as simple as the ability to work a flexible schedule could leave the judge to decide in favor of one parent, or joint custody.
The best-interest-of-the-child test also is applicable to agreements. If you want your agreement to be entered as a court order, a judge will look it over to make sure that the terms are in the best interest of the child.
Will my child wants be considered in the case?
In some regions, judges must take the child’s preference into account when awarding custody — if the child is old enough to offer an opinion.
And the judge can do so in private, with no parents around. That way a baby has the freedom to think what they want without being influenced by either parent. While children rarely testify during a hearing or trial, it is possible.
The court may also appoint an attorney ad litem or a guardian ad litem to best understand what the child’s preference is.
Attorneys ad litem are a mouth piece for what the child desires, while guardians ad litem represent what’s in the best interest of the child. Both place investigative calls to the child, as well as to the child’s friends, and people who are near to both the child and the parents, and they visit each of the parent’s homes for the purpose of making a safety check on the environment there.
Custody Issue After Divorce
The end of the divorce process doesn’t end co-parenting. After divorce, it’s now time to concentrate on making your child custody arrangement work smoothly.
Most of all, consider your child. You may be exes, but you’re co-parents; you still need to have a functional relationship. Even if you can’t stand each other, try to interact with each other in a civil manner for the sake of your child. You might even agree to talk only about your child and not your other lives right now.
