Navigating Through a Child Custody Battle
Often one of the hardest areas to navigate during divorce or separation proceedings is that of determining who will have primary custody of any children from the union. Emotions and tensions are high enough during a divorce, with concern for the children adding even more stress. Understanding how the process works may help to alleviate some of this stress.
Mediation
While most parents would assert that they always have their children’s best interests at heart, they sometimes lose sight of those interests during a divorce, particularly if the divorce proceedings are difficult and highly emotional. Many states require that parents undertake a mediation process prior to a court settlement, and it is advised that all relevant documentation and major issues with regard to the child or children are brought to the mediation meetings. The mediator assigned is a neutral third party whose job is to help you reach a custody agreement without having to involve the court. If an agreement cannot be reached through mediation, it will then be decided by the court.
Terminology
In some states, such as Texas, the term conservatorship is used in place of the term custody. A conservator is a person appointed by a judge to manage financial assets and property for a minor, and is often a parent or guardian of the child. In these states, there are two types of conservatorships, managing and possessory. A managing conservator generally has the rights and privileges of a parent, including the right to make decisions regarding schools, medical procedures, housing, and income. They are said to have the right of possession and access to the child and the child’s assets. A possessory conservator is usually the parent with visitation rights and access to the child on a part-time basis.
Child Support
This is one area of the divorce process that is likely to be an ongoing issue as the child or children grow and as circumstances change with one or both parents. Depending upon the state of residence, child support payment amounts may be calculated by taking into account the income of the non-custodial parent only or by taking into account the income of both parents.
Other factors are considered as well, including any special needs of the child or children, the ability of either or both parents to support themselves as well as the child or children, and the standard of living that the child or children may have enjoyed if the parents had remained together. Even with all of this considered up front, circumstances change over time and child support litigation may need to be revisited, such as in the case of job loss or disability of the parent making the payments, the possibility of having other children to support as time goes on, and the time at which the child or children reach maturity and are no longer candidates for parental support.
Divorce and separation can be emotionally messy and distressing for all involved but especially the children. In an ideal situation, both parents will do their best to keep the interests of their children in mind when working through the divorce process. However, when problems arise, the courts are prepared to step in and see through the drama in such a way as to hopefully achieve an end that will be of the most beneficial to those caught in the middle.
BYLINE: Chessa Franklin is an avid legal buff, and gets many of her tips from family blogs and Plano divorce attorney sites.
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Category: Family Finances
