Divorce laws of all states include specialized provisions dealing with filing, pursuing and finalizing divorce cases that include children born during the course of the marriage. These laws focus on ensuring that through the divorce process, the particular rights of children fully are protected, according to "Nolo's Essential Guide to Divorce" by Emily Doskow. This includes resolving issues associated with the custody and support of these youngsters.
Considerations
Dealing with issues involving children through the marriage dissolution process requires the application of a standard centered on the best interests of the minor, according to Cornell University Law School. All states adhere to this principle in dealing with child-related issues in divorce proceedings.
Temporary Orders
At the outset of a marriage dissolution case, each party submits to the court motions for temporary orders, according to the American Bar Association Section of Family Law. These motions set forth the position of the parties regarding what should be done with the children during the divorce proceedings. The motions request that the court establish temporary custody, visitation and child support through an order remaining in force until the final divorce decree issues.
Negotiation
Family law statutes in all U.S. jurisdictions, as well as associated judicial proceedings, encourage parents in divorce to attempt to negotiate a settlement of child-related issues, according to "The Complete Divorce Handbook: A Practical Guide" by Brette McWhorter Sember. Marriage dissolution cases include an interval during which the parties can attempt to negotiate a settlement of these matters.
Mediation
Mediation represents an alternative when parties cannot reach a consensus on issues relating to their children on their own. A professional mediator meets with the parties and assists them in reaching resolutions. The mediator does not make decisions for the couple. Some jurisdictions require mediation of child-related issues before a couple seeks a formal court hearing or trial.
Settlement Agreement
Whether through face-to-face negotiations or mediation, if the parties resolve issues regarding their children, they enter into a settlement agreement. Although the agreement must be reviewed and approved by the court, a judge typically gives a couple latitude in making these decisions on their own. The settlement agreement is incorporated into the divorce decree and becomes an order of the court.
Trial
Absent a settlement, the court conducts a trial to settle issues relating to children in a divorce case. As in any other type of trial, the parties to the case present testimony and other evidence supporting their positions regarding child custody, support and visitation. The judge considers the evidence and arguments of the parties, and issues orders regarding the children as part of the final divorce decree, according to "Nolo's Essential Guide to Divorce."
Expert Assistance
Due to the added complexity of divorce proceedings when children are involved, consider seriously retaining the services of an experienced lawyer. The American Bar Association offers a directory of local and state bar associations through its website. These legal organizations in your community maintain resources designed to assist you in finding an attorney who practices family law.
References
- "Nolo's Essential Guide to Divorce"; Emily Doskow; 2008
- "The Complete Divorce Handbook: A Practical Guide"; Brette McWhorter Sember; 2009
- American Bar Association: Section of Family Law
- Cornell University Law School: Divorce Overview
