Child custody after divorce of both parents is supposed to be decided based on the children’s welfare. In most cases, the courts take into account the welfare of the children in the divorce process. According to Fort Myers, Florida family law attorney, the law encourages parents to share equal custody of their children, but neither parent has a right to have sole custody. A court must order joint custody if the couple cannot settle their differences without court intervention. Parents are awarded joint legal custody when the court finds that one or both parents have demonstrated a level of responsibility toward the children’s well being.
Child welfare courts evaluate what the children need and decide who gets the children. The courts will consider how many children are involved, what the time spent with each parent is like, what the children have learned from each parent, and any other relevant factors that the court feels should influence the decision about which parent gets custody of the children. The child welfare court does not consider the marital status or past behavior of either parent when it comes to child custody after divorce.
Joint legal custody is generally awarded when both parents are unfit to care for their children. A judge may choose custody for one or more children depending on the evidence. The judge will look at each parent’s financial situation and will consider whether or not the parent is capable of raising the children.
Custody according to family law is awarded to the parent who has a proven history of providing for the children and is the custodial parent of any children under eighteen years old. The court will only grant custody to the custodial parent of a child who has been legally married for at least two years.
If the court order requires joint custody, the courts will give both parents equal time with the children. The parents will share joint decision making as well as making decisions regarding health and education for the children. The parents must cooperate and follow the court ordered visitation schedule in order to have joint custody of their children.
If the custody award is limited, the court order can be modified to allow for certain things, such as the parents sharing money or decisions about health or education. There may also be time limits on visitation or the child being moved to another state.
Once the custody agreement is signed, the agreement will serve as a binding agreement between the parents. The parents should work together to make sure that the agreement is followed. Children are best cared for and protected by the parents in the agreement and when the agreement is violated, the parents must discuss what has happened and attempt to come up with a resolution before it is too late.
In some cases, the parents may be able to work out an amicable agreement regarding child support payments. This is when both parents share responsibility for maintaining the children. Child support is generally used to pay for the child’s living expenses, transportation and education.
If the custodial parent decides to stop paying the child support payments, the court can send the child back to the custody of the non-custodial parent. In order to have custody, the non-custodial parent must show an inability or unwillingness to continue with the visitation and support obligations.
Child support payments are often made on an annual basis. The court may determine a minimum amount of time that the custodial parent is supposed to spend with the children. If the custodial parent fails to maintain a set amount of time with the children, the court may end the custody award and send the child to live with the non-custodial parent.
The amount of child support payments will vary depending on the ages and needs of the children and the income level of the custodial parent and non-custodial parent. The courts are concerned that the children have a better chance of having a nurturing relationship with their parent who is paying the support, especially if they are young.