In a divorce with children, some of the most important things to ask about are custody arrangements, parenting schedules, and child support amounts. Decisions about these issues are made with the child’s best interest in mind, but your input can still matter.
Even when it’s mutual and amicable, divorce can be a complicated and emotionally draining process. Things can be even more difficult in a divorce with kids. A divorce lawyer in Salt Lake City from Brown Family Law can help you ask the right questions and secure an agreement that meets your interests.
How are Decisions About Kids Made in Divorce?
Couples in a divorce generally have broad latitude to decide on matters of property division and spousal support (e.g., alimony). However, decisions about children are made based on the best interests of the child. Spouses can arrange agreements about children, but any final order must be signed off by a judge to ensure it follows legal requirements.
A child’s best interests can mean many things, but judges will look at the following considerations:
- Physical and mental health needs
- Relationship between the parent and child
- Educational and social needs
- Capacity of parent to provide for the child
- Parental scheduling
- Home stability
- The child’s personal preferences
Get Clear Guidance for Your Divorce
Things to Ask About in a Divorce With Kids
The point of divorce orders regarding children is to clarify each parent’s rights and obligations. Below are some of the most important things to ask for in a divorce with kids. If you have further questions or concerns, you can talk to a team member from Brown Family Law.
Child Custody
Child custody can be split into two general types: physical and legal custody. Physical custody concerns where the child will physically reside, while legal custody has to do with making decisions about the child’s education, health, and other matters.
Parents generally have joint legal custody over children, but one parent may have sole physical custody. Courts typically recognize the right of parents to make decisions regarding children, but may grant sole physical custody because of issues like physical relocation, educational needs, or home environment.
Parents might disagree about where the child should live or who has the right to make certain decisions. It’s necessary to iron out details of physical and legal custody because disagreements can lead to harsh conflicts and drawn-out court battles.
Parenting Schedules
Parenting schedules are legal agreements specifying when parents are entitled to spend time with their children. Even when one parent has sole physical custody, the non-custodial parent still has a right to see their children and be involved in their lives, barring cases involving abuse or domestic violence.
Parenting schedules determine things like how parents split childcare days and who gets the children on holidays and school breaks. Courts generally favor a 50-50 split for parenting schedules, but other arrangements include 60-40 and 70-30 splits.
Parenting schedules depend on parental work and household stability. Courts normally decide based on the financial, emotional, and developmental needs of the child. Generally, to change a court-ordered schedule, you must show a substantial change in your material circumstances that warrants reassessment.
Child Support
Parents are expected to financially contribute to supporting their children, which is the point of child support. The purpose of child support is for the non-custodial parent to provide resources that the custodial parent spends on the child’s needs.
Different states use different rules to calculate child support obligations, but one of the most common is called the “income shares model.” Each parent’s child support obligation under this system is proportional to their contribution to household gross income.
Child support obligations are legally binding, and failing to comply may result in penalties, as well as criminal charges. It’s incredibly important to fully understand how child support calculations work in your state so you can ensure that decisions are fair and in line with each parent’s capacity to provide.
Special Considerations
Any other special circumstances and considerations need to be identified and worked out before a divorce. A common example is if your child has special medical or educational needs. Courts will analyze these considerations in the context of child and spousal support payments. Brown Family Law can help you account for these special considerations.
A Calmer, Clearer Way Through Divorce
How a Divorce Lawyer from Brown Family Law Can Help
If you are considering a divorce or currently going through one, having a lawyer on your side can be an invaluable asset. Here are a few ways that a team member from Brown Family Law can help:
- Drafting detailed divorce agreements
- Obtaining financial disclosures
- Calculating child and spousal support amounts
- Negotiating parenting schedules
- Submitting accurate legal paperwork
- Mediating disagreements
- Enforcing or modifying existing divorce orders
Contact Our Offices Today to Speak to a Divorce Lawyer
Do you have any more questions about what to ask for in a divorce with kids? If so, give the team at Brown Family Law a call. Our family lawyers have more than 150 years of combined legal experience and have helped countless families with their legal issues. Contact us using the form below to schedule a case consultation.
