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.
The best case scenario is that the spouses act intelligently and as adults when it comes to making custodial arrangements for their children. If they are equally responsible and committed, a joint arrangement can usually be worked out. When differences arise that can't be resolved between the two, the court may intervene.
Customarily, joint custodial responsibilities entail the kids living with the primary caregiver on weekdays and visiting the other parent on weekends and holidays. This arrangement is especially beneficial for parents who are in new relationships or have moved a significant distance away. Alternating holidays is a common way to make sure both extended families have a chance 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 instances when abuse or instability is an issue, sole custodial care may be necessary. If you want to take this route you will have to petition the court. In doing so, you will be required to show that the other parent is unfit. This usually involves alcohol or drug abuse, physical abuse, financial, mental, or lifestyle instability. The other party is allowed to rebut the accusations.
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.
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.
Divorces are difficult. They affect all the family members. When couples can move past the issues, at least momentarily, to concentrate on the best interests of their kids, everybody wins. Failure to do that can have lifelong consequences for their children.
The best case scenario is that the spouses act intelligently and as adults when it comes to making custodial arrangements for their children. If they are equally responsible and committed, a joint arrangement can usually be worked out. When differences arise that can't be resolved between the two, the court may intervene.
Customarily, joint custodial responsibilities entail the kids living with the primary caregiver on weekdays and visiting the other parent on weekends and holidays. This arrangement is especially beneficial for parents who are in new relationships or have moved a significant distance away. Alternating holidays is a common way to make sure both extended families have a chance 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 instances when abuse or instability is an issue, sole custodial care may be necessary. If you want to take this route you will have to petition the court. In doing so, you will be required to show that the other parent is unfit. This usually involves alcohol or drug abuse, physical abuse, financial, mental, or lifestyle instability. The other party is allowed to rebut the accusations.
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.
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.
Divorces are difficult. They affect all the family members. When couples can move past the issues, at least momentarily, to concentrate on the best interests of their kids, everybody wins. Failure to do that can have lifelong consequences for their children.
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