No matter how mutual the decision is, divorcing is hard on everyone involved. That includes the children in the family. The best case is that you and your spouse can work things out and come to an agreement about custodial care for the kids. If there are issues that make you think joint guardianship may not be a good idea, you probably need the advice of a professional. A Durham NC custody attorney can discuss the advantages and disadvantages of various arrangements with you.
If you are divorcing while you still have some mutual respect for each other, and both of you want what is best for your children, a joint custody arrangement may be possible. With this plan parents share the responsibility of raising their kids. When the two parties can't come to an agreement about visitation or financial support, the court may step in.
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.
Another arrangement that is becoming more common is called bird nesting. This is where the kids stay in one home, and the parents move in and out per their individual custodial arrangement. Most parents have residences to stay in when it's not their time to have physical guardianship. This can be a good plan for young children who may be confused by constantly changing homes.
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.
Sole guardianship can be a difficult, but there are advantages to it. The children get the benefit of one fully engaged parent and a stable home life. They don't have any direct interaction with the other parent without supervision. The two adults benefit by not having to deal with one another on a regular basis. Over time, tensions often ease. The parental guardian sometimes has physical and legal custody, and sometimes has one or the other.
When parents can't agree about support, visitation, or anything else regarding their children, the court can step in and appoint a guardian ad litem. This is someone whose main function is to be an advocate for the children. They assess the situation and make their recommendations to the court regarding the custodial arrangement they believe to be in the best interest of the kids.
Divorce is hard. It is especially devastating when children are involved. Working together, for the sake of the kids, to come to a mutually agreeable arrangement is the best outcome in a bad situation.
If you are divorcing while you still have some mutual respect for each other, and both of you want what is best for your children, a joint custody arrangement may be possible. With this plan parents share the responsibility of raising their kids. When the two parties can't come to an agreement about visitation or financial support, the court may step in.
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.
Another arrangement that is becoming more common is called bird nesting. This is where the kids stay in one home, and the parents move in and out per their individual custodial arrangement. Most parents have residences to stay in when it's not their time to have physical guardianship. This can be a good plan for young children who may be confused by constantly changing homes.
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.
Sole guardianship can be a difficult, but there are advantages to it. The children get the benefit of one fully engaged parent and a stable home life. They don't have any direct interaction with the other parent without supervision. The two adults benefit by not having to deal with one another on a regular basis. Over time, tensions often ease. The parental guardian sometimes has physical and legal custody, and sometimes has one or the other.
When parents can't agree about support, visitation, or anything else regarding their children, the court can step in and appoint a guardian ad litem. This is someone whose main function is to be an advocate for the children. They assess the situation and make their recommendations to the court regarding the custodial arrangement they believe to be in the best interest of the kids.
Divorce is hard. It is especially devastating when children are involved. Working together, for the sake of the kids, to come to a mutually agreeable arrangement is the best outcome in a bad situation.
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