With roughly half the marriages in the United States ending in divorce, divorcing with children is not uncommon. In most states, the best interests of the child are paramount in terms of the court's decision-making; however, the criteria used in this determination can vary from one jurisdiction to another, and many decisions must be reached, either by the parties themselves or the court. Consult an attorney in your area if you have children and are thinking about getting a divorce.
Custody
Custody involves the legal right to make decisions about the upbringing of one's children. This includes decisions about the children's education, medical care and religious training. A parent may have sole or joint custody. In some states, the court cannot force joint custody on the parents; joint custody can be reached only by agreement between the parties. The court may order a custody evaluation to be conducted to aid in what can be a difficult decision.
Parenting Time
Known in some jurisdictions as "visitation," reasonable parenting time with children also must be decided. The amount of parenting time the parties will be awarded varies greatly from case to case but is designed to continue and foster a close relationship between the children and each parent. Safety issues may dictate that one parent have only supervised parenting time. Practical matters, like the geographical distance between the parents, will be taken into consideration, too, but the overriding concern will be the best interests of the children.
Parenting Plan
A parenting plan sets out the details of custody, parenting time and general rules both parents must follow. The plan might include an agreement as to how conflicts will be resolved; for example, that the parties will mediate prior to litigating the dispute. Holidays, birthdays and vacations must be accounted for. Timeliness standards for exchanging the children might be established. Prohibitions, such as on moving without notice to the court and the other parent, or encouraging the use of a different last name can be detailed here, as well.
Child Support
Guidelines and judicial discretion vary widely from one jurisdiction to another, but all states have established guidelines for determining child support. Considerations typically include the parents' incomes; the children's needs, such as health care insurance and medical needs, day care and any other necessary expenses; and how much parenting time each parent has been awarded. The divorcing parties must provide detailed financial information to the court in order for the judge to reach a determination.
