1. What is the difference between legal separation and divorce?
Answer:
Legal Separation: Couples remain legally married but live separately with formal agreements on finances, property, and custody.
Divorce: Terminates the marriage and resolves all related issues like property division and custody.
2. How is child custody determined during a divorce?
Answer:
Custody is determined based on the best interests of the child, taking into account factors such as stability of the parents, the age and needs of the child, and the ability of the parent to care for the child.
3. What are the types of child custody?
Answer:
Legal Custody: The right to make major decisions about the child’s life (e.g., education, healthcare).
Physical Custody: Where the child lives.
Joint Custody: Shared responsibility between parents.
Sole Custody: One parent has full custody, either legal, physical, or both.
Read Also:
- https://quantumlawsolutions.com/5-questions-every-parent-asks-in-family-law-cases/
- https://quantumlawsolutions.com/12-questions-explaining-alimony-and-spousal-support/
- https://quantumlawsolutions.com/8-key-questions-and-answers-about-adoption-laws/
4. Are children allowed to decide which parent they should stay with?
Answer:
The court may consider the preference of the child, usually when a child is mature (age varying among states), but in any case, the decision is made in the best interest of the child.
5. How is child support determined?
Answer:
Child support is determined typically by statewide guidelines, taking into consideration both parents’ income, the child’s needs, and the type of custody ordered.
6. Can a custody arrangement be altered?
Answer:
Yes, the custody order may be altered in a case of “change in circumstances.” These include moving, job change, or a parent becoming unable to provide for the child.
7. What is a parenting plan? Are courts obligated?
Answer: A parenting plan details custody, visitation schedules, and responsibilities to make decisions about children. Courts mandate producing a formal plan in most cases involving divorce with children.
8. What if the custodial parent breaks the agreement?
Answer:
The other parent can also file a motion with the court to enforce the custody order. Continued violations might result in punitive measures or even changing the custody terms.
9. Is mediation a must for custodial disputes?
Answer:
Many courts require mediation. This helps ensure that parents find amicable agreement before heading towards litigation.
10. Can grandparents or other family members apply for custody or visitation?
Answer:
Yes, under certain conditions, grandparents or other relatives can petition for custody or visitation rights if it is in the best interest of the child.