Tuesday, July 24, 2012
Who gets the custody after a divorce?
If you and your partner decided to opt for divorce, but can not agree as to the custody of their children, have to decide because otherwise this painful process may extend not only to you but also for children.
The authorities of the familiar only give a residence order, if all other options have been exhausted.
Parental responsibility
If your marriage is over, you and your partner have a responsibility to care for their children. If unmarried, only the mother has automatic rights on children, so if your relationship breaks down, she will have exclusive rights to care for children in the form and place it deems appropriate.
The parent may obtain custody if both parties sign a parental responsibility agreement with the mother. This can be done at any time during the relationship or divorce may also be ordered by a court during or after divorce proceedings.
If you are or not the father have custody and will remain responsible for the financial support of children after divorce, of course if you wish.
The choice of residence
One of the ways that usually at the courthouse, along with a divorce petition is a statement of the agreements, proposing where and with whom the children live, the schools they will attend, who will take care of them and how often will the other parent.
Whoever claims the divorce must submit the declaration before submitting the other to the authorities. In a divorce express the parents reach an agreement quickly.
In case you find it difficult to reach an agreement, it is worth contacting a mediator before the divorce.
Mediators can be very useful in resolving sensitive issues like the ones your children will live. Provides an organized and constructive environment in which you can find all the possible options and concerns and decide what is most beneficial for your children and yourself.
A mediator has a good record in helping children to maintain family relationships. Mediation can be a helpful factor in situations of divorce litigation.
At the start of divorce proceedings, the court shall fix a date for conciliation. If you can not reach an agreement, the authorities of the familiar will see what can be done.
How do courts decide?
After the divorce, family courts as determined based on the following issues:
The wishes and feelings of children. This gives more consideration to the child's age.
The physical, emotional and educational needs of your children. This includes both the love and affection, as well as food and housing.
The effect of changed circumstances on children. The main concern here is the overall health of children.
Age and gender of children. This could include the cultural, religious or disability.
If your children have been harmed or are at risk of harm. Recently, this also includes any domestic abuse that the child has seen or heard.
The capacities of the parents regarding the needs of children. This may include assessment of whether the nonresident parent is able to care for the child or if either parent is an alcoholic or drug addict.
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