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Child Custody Laws
Child Custody Laws varies in the US from state to state. One can obtain the most current information from his state’s law. When it comes to children custody Laws, there are some states that have all the procedures laid out to make the life of divorcing parents and their children easy. The court judges also follow these guidelines to help in determining the custody of the child while divorce.
There are very few federal laws applicable to child custody. Some of them speak about transporting of children across different states. Some states have laws that also deal with the jurisdiction of other states. But your state may or may not have such provision. Hence it is advised that you check all the provisions in the law of your state before you start with custody of your child. So if both parents lives in different states, the state where the children live will have influence. Of course you have to see where the law suite for divorce and custody has been filed. You cannot file for custody in a state where none of the parents reside.
Child custody Laws have been prepared considering interest of the children. The law makers have tried to make sure that the custody of a child doesn’t go to abusers of alcohol or drug. They have also tried to protect the children from going into an environment where they may be subjected to mental or physical abuse.. Many states offer joint-custody between the two parents, where they get to be a functional part of bringing their children up. In this case, both parents share physical and legal custody of their common children. This situation is most beneficial to understanding parents. But some parents also try to exploit this privilege by dishonoring the law.
One needs to understand the different between Physical and legal custody. Often parents make mistakes in understanding this difference only to repent. If the child is living with a parent, then that parent is said to have physical custody of that child. Also a parent has a physical custody of a child if it stays for a large portion of time with that parent. It is a common practice with children to go to another parent during summer vacation. A physical custody goes from one parent to the other during such situations.
Legal custody speaks about the rights and responsibilities that allow parent to make important decisions about education, health, and well being of their children. In most cases, both legal and physical custody lie with the same parent. Joint custody is an exception to this rule. In joint custody, courts decides which parent the legal custody must remain with. Things are easy when there is a consensus between parents about what is good for their child.
One must look into the child-custody laws of his state to decide what the best solution is for you and your child. It is advisable to put child’s interest first while making custody decisions.
Financial Issues in Divorce
Along with an emotional trauma that divorce brings, it also brings monetary loss to parties involved in divorce. Some money loss can be easily seen, other can’t. This article speaks about tangible money loss that couples undergoing divorce have to suffer.
Many divorces have a loads of financial issues such as taxes, child support, debt, reallocation of property, etc. Usually spouses share a loads of assets, like from furniture to bank balance and from stocks to pets! Some of them are sentimentally attached to you. eg. sofa presented by your mother on your wedding. It is always advisable that couples divide their assets amicably. Selling the property and dividing the profits could also be an option that lot of people are opting. This way you get your exact share instead of getting less or more. But both have to incur the loss of selling depreciation.
Naturally, assets are most coveted in divorce whereas debts are least desired. But you have to take both of them. Both the parties involved in divorce, along with their lawyers can decide on dividing the assets and debts. more the assets, more the debt. Simple rule. Never ever accept debt in an inappropriate amount of assets you are getting. One party usually may tend to accept the terms laid down by other party. But remember that it is your only chance for fair share. Once you accept the settlement, there is very little or nothing that you can do later. So be cautious.
Divorce changes relationships
So your spouse who was nice to you till now may suddenly turn harsh on you. So be careful while trusting your spouse during divorce. Also many tax exemptions and deductions are changed after divorce. One needs to take care of them. Things you used to take granted change after divorce.
Child support and alimony
Child support and alimony are important factors of divorce settlement. They consume your lot of money. There is very little you can do about it as courts will decide these things for you.
After a divorce, couple resides separately, and their cost of living increases. Hence they cannot afford same luxury that they use to offer to their children previously. This, in some cases, take their children away from that parent. So you must have your calculation ready for separate living. Also speaking to children about your financial situation helps. In most cases, kids, even of small age, understand their parent’s situation and adopt themselves to new lifestyle.
As marriage unites two families, divorce affects two families too. If you have a joint family, all members of the family have to go through unpleasant suffering of divorce. It’s always better to speak to you family about your divorce. In many families, family members keep amicable relations to divorced-in-law even after divorce. This is a good sign of civilized society.