Divorce Law and Primary Residence is where the court decides where the primary residence of the children will be. The parent who resides there will usually be awarded custody or joint custody. This is dependent upon whether or not the case is contested by either parent. If the adults decide on joint custody then a primary residence is not an issue. Usually the court will look at both adults to see if there are any issues that might bring harm to the children such as domestic violence or substance abuse. If the court rules that there is possible harm to the children then the primary residence would become a consideration. A parent that might pose a risk to the children will not be awarded custody and may not be able to have visitation rights unless supervised by another adult. If another adult is not available then the court will appoint someone. Divorce law and primary residence takes into consideration what is best for the children. "How excellent is Thy lovingkindness, O God! therefore the children of men put their trust under the shadow of Thy wings" (Psalm 36:7).
When two people decide that living together is no longer an option then one or both may consider separation leading to divorce. Divorce law and primary residence looks at how the separated couple can make two households work. The welfare of the children should be their first consideration. Children are always hurt by their parents splitting up. When a child is forced into a situation in having to deal with a major lifestyle change he or she can become stressed. The best thing that the adults can do is to alleviate that stress as much as possible. Having an uncontested agreement about custody will make the transition easier but when a child has to deal with two households instead of one he or she will have to make a major life adjustment.
Joint custody would be the ideal situation when it comes to divorce law and primary residence. This would mean that the kids would see both parents equally. Some people work things out where one adult has the kids for half the year and the other one has them for the other half of the year. The ideal situation is for the two households to be in close proximity. This way the kids could attend the same schools all year long. Couples who live far apart should consider moving closer to lessen the stress on the children. Other options with divorce law and primary residence with joint custody is to let one parent keep the children during the school year but let the other parent have them on the weekends. In addition, the other parent can have them during the summer. When joint custody is agreed upon then neither parent pays child support.
Sometimes couples bicker over who will have the children. Parents may be so angry that the children are used as pawns. Parents who bicker in the courtroom and do not have the best interest of the minors at heart will be subject to a ruling by the judge during divorce law and primary residence. Adults need to be civil to one another and not use the minors against each another. This would cause unnecessary stress to the kids. When two people seeking a divorce cannot agree the judge has to set custody and visitation. Unfortunately, the innocent suffer in a case like this. The minors usually have no say in what is going to happen to them. However, if minors are old enough the court may ask them who they would like to live with. Old enough in most states is age 12 and above.
The adult who is staying in the primary residence may be more likely to get custody of the children when it comes to divorce law and primary residence. This will happen to make the break-up less hard for the kids. However, this is not usually the case. If one adult keeps the home the other one may insist on his or her share of the equity. This could lead to the sale of the home unless the adult staying in the home has the money to pay off the other adult. Unfortunately when a couple gets divorce there is usually hurt involved. When a person is in pain he or she may not always think of others first because there is a state of mind where thoughts are consumed with just trying to cope with the breakup.
Disagreement between parents during divorce law and primary residence may lead the court to doing a social study of both adults. The court sends an investigator to interview the couple. The investigator will watch the parents interact with the children and if old enough interview them to find out their preference for primary caregiver. After the investigation is completed the investigator will put together a written report on his or her recommendation involving the minors. The judge will normally concur with the recommendation of the minors. The adult who is awarded custody as the sole-managing conservator will be the person who makes major decisions concerning the children's welfare. The parent who is awarded visitation can consent for a child to have medical care in case of an emergency only when the child is in his or her possession. Visitation will be set at times when the child is not in school and when there is less of a disruption.
Divorce Law And Primary CaregiverDivorce Law and Primary Caregiver is based upon the parent who takes care of the children the most. Children need a great deal of care. Meals must be prepared. Educational needs such as seeing that a child gets to school as well as helping him or her with homework are necessary. Kids need a certain amount of attention. They need to feel loved. Kids need to be disciplined so they can learn right from wrong. A case of divorce law and primary caregiver will usually appoint the parent who spends the most time with the kids as the one who gets custody. Exceptions that might change this decision are when abuse is involved or when the adult does not want custody. "Lo, children are a heritage of the LORD: the fruit of the womb is His reward" (Psalm 127:3).
Couples who are considering a divorce should always consider what is best for the children. When the court judges a case on divorce law and primary caregiver it is seeking the best solution for the minors in the family. This is why a judge will often rule in the favor of the primary caregiver. When a child is 12 years old or older she can have a say in who she wants to live with. Some kids have a hard time choosing between their parents. Adolescents do not want to hurt either guardian. Kids do not like to choose one parent over the other or take sides in their arguments. Parents may not always have the kid's best interest at heart during a divorce. They are often too busy trying to hurt each another. Most of the time they do not realize that it is the kids who are being hurt the most. A child should be given the liberty to speak her mind during a breakup without having to worry about repercussions.
A judge will want to know who is going to be caring for the minors while you are at work. To win a divorce law and primary caregiver case a parent must be able to prove that he is the best person for the job. If the other spouse can show where the minors were neglected or abused while in your care then it will not look good. Providing for minors is much more than just bringing home a paycheck. Going to work everyday and bringing home a paycheck does not make anyone a primary caregiver. Working to support the children is a necessary role but the person who is always there for them is the parent who qualifies to take care of them after a divorce. This person is known by the court as the primary caregiver.
A petition for divorce law and primary caregiver may take place for many reasons. Perhaps the couple has developed hatred for one another. The two cannot say a civil word. Communication attempts may end with a fight. One parent may want to try but the other one does not. No-fault grounds for ending a marriage fall under discord or conflict. Fault-based grounds can be filed because of mental cruelty, abandonment, imprisonment, adultery. Many states require a reason for the breakup. When there are children involved the couple or court must decide who will get the kids. Today, many couples are choosing joint custody arrangements. This will usually please the court because having equal time with both parents is usually always best for the kids.
An agreed divorce is the best way to handle a break up. This means the couple has set down with one another and made a decision about assets and liabilities, child custody, child support, visitation, property. When a couple can do this successfully their attorney fees will be less. They will alleviate stress on the kids as well as each other by agreeing on everything. When a couple has to file a petition for divorce law and primary caregiver because the two cannot agree on anything then they can expect higher attorney fees as well as higher court costs. The judge will have to consider custody, child support, visitation, alimony, health care, educational needs, as well as all of the assets and liabilities the couple has acquired together.
Before going to court consider divorce law and primary caregiver issues that may come up. Being prepared will make the whole process go more smoothly helping to alleviate stressful moments. First, acquire an attorney, then get some advice on what to do. After writing down the things you need to take care of, list them in priority order. Important considerations are protecting one's assets, gaining temporary support and custody. The court will divide the assets and liabilities, decide who gets custody of the kids, as well as who gets to keep the home. Joint credit cards should be canceled. Temporary orders will keep the spouse from selling or giving away money or property that are jointly owned.
Some states provide resources that may help a couple agree and record all important issues associated with divorce law and primary caregiver. Resources often include laws on issues surrounding divorce, such as child support, alimony, division of marital property, how to file. Counseling might help to minimize the stress caused by a breakup. Some state websites have resources where couples or individuals can go for counseling as well as mediation. Mediators work with couples to solve issues that may come up during a divorce. In addition, websites will have articles on how to handle a breakup.