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Online Divorce: Child Custody Issues
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The average timescale for a standard divorce case without complications at all, but if you want to cut costs significantly, there are certain rules that you must abide by.
There are three major parentting planning laws that are the basis of every parenting plan developed by the court. The court must decide that it is in the best interest of the child to have both parents participate in decisions concerning their welfare.
1. Custody and Visitation
J the court is required to give equal consideration to both parents and to maintain a legal relationship between them. In other words, the court considers each parent’s relationship to the child.
If the parents are divorced, it is not considered to be a priority in the court’s decision makking process.
2. Parenting Time
Once a court decides that the parents are no longer living together and the child or children are no longer in the parents’ care, the court must develop a time schedule that allows the child sufficient time with each parent. This could be a custody or visitation schedule that is very specific or that gives the child time on different days of the week or month.
It must also deal with the issue of holidays, which vary from state to state. Many of the issues that come up are the reasons for the parent’s split of the holiday and summer time as well as specific issues related to school and extra-curricular activities.
In Texas, there is no specific list of holidays that must be celebrated, but parents are encouraged to come up with something that is meaningful to the holiday and family.
3. Visitation
Any time that the non-custodial parent spends with the child or children is considered visitation. The court presumes that the child will be spending sufficient amounts of time with each parent and would not be able to have visitation at other times.
The court might also award the non-custodial parent visitation rights if the child is infected with a sexually transmitted disease and the custodial parent should be notified of any sexual transmission of the disease.
Your attorney should discuss whether a calendar is a suitable option for you or your spouse to use for holiday and summer schedules if there is no way to agree otherwise.
If you can’t agree on a calendar, you should develop one. You can use the Collaborative Process to work with your spouse to develop an arrangement that works for both of you. If you can’t agree, you can hire OnlineDivorcer.com to help you.
After that, you can use the Collaborative Process to have your own personal calendar.
What Do I Want to Know?
Now that you know what your options are, it’s time to take action!
Your divorce is final. It’s time to make decisions about your life. What are you going to do? How are you going to live your life? There are many choices in your life now.
You can go to a divorce lawyer to ask what you should do or you can get an attorney and ask what you should do. Either way, you’ll find out that there are many more choices to make today than there were before you legally filed for divorce. You don’t have to go through each one by yourself. You can get the help of professionals to help you.
When you do your final negotiations, you can discuss things that you agree and don’t agree on. You can find creative ways to resolve the issues that you don’t agree with, such as request a court-ordered mediation session or use mediation to resolve it. Mediation is another good option.
There are so many options today that it’s difficult to decide what you want to do. You may still decide that you want to have custody of your children, but you may want to change your mind about that and request to have visitation later on. There are so many options that you can choose from. It’s your decision.
Remember, a divorce trial is not a competition. You are not trying to prove that your spouse is a bad parent. You are trying to find out if you are right for a certain period of time.
You may not get your yes or no answer from a divorce lawyer. You may not be able to agree on things like the amount of support or time that you will spend with your children. But, you can negotiate a fair settlement agreement that will give you the amount of custody that you want and require that you have a certain amount of time with your children. This will usually settle your case.
And the more you can negotiate, the easier the divorce trial will be.
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