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Find out How the Legal Authorities Can Protect Children Whose Parents Are Divorcing

Even though the parents decide that they want to continue on separate ways, they still have to consider the wellbeing of their child as their primary concern. If parents are not able to meet an agreement and they have no plan for raising the child, it is the court’s responsibility to make a decision that ensures the wellbeing of that child. The best interests of the child are taken into consideration and an in-depth analysis of the financial state and of the health of the parents, both physical and mental, is made. Also, it is important for the court to make sure that the child will live with a parent who will take care of him and will allocate a sufficient number of hours to him. In the following paragraphs, we will talk about custody and about the involvement of the legal authorities.

Is the sole or joint custody preferred by court?

The court has no preference when it comes to this matter and the decision is made exclusively after analyzing the needs of the child and his interests. When a parent has sole custody, it means that he has the right to make decisions even if the other parent does not agree with them. On the other hand, the concept of joint custody offers both parents the same rights and both of them have to agree on an issue before making a decision.

How will the court decide the aspects of the custody if the parents were unable to reach an agreement?

Many times, parents are unable to reach an agreement and the court is forced to make a decision for them. The court will analyze all the aspects that might affect the future of the child and sometimes professional advice is requested. Outside experts can have the task to evaluate the situation and decide which parent should obtain the custody. The relationship between the child and his parents is analyzed, the past interaction between them is also taken into consideration and the degree in which the child can be affected by a change of school, home or community will also be considered important.

What if the parents are unable to agree on a schedule?

It is hard to determine how much time a child should spend with his parent. If we are talking about a little child, it can be more appropriate to agree on shorter visits that happen more frequent. In other cases, it can be easier for the child to spend a longer period of time with his parent at regular intervals. This depends from case to case, but the most important thing is to find that schedule that will not affect the development of the child. The parents should reach an agreement on this topic too, but if this is not possible or if the schedule is not followed, the court can be needed to solve the issues. However, parents are advised to communicate a lot and to make decisions together, as they both desire the best for their child.

Divorce Law: The Basics