If you have kids and your marriage is ending, who gets kids in divorce is probably one of the forefront questions on your mind. When getting divorced, you are losing your spouse and possibly your family home, but you do not want to loose access to your children. Fortunately, the law has set forth a system to determine who gets kids in divorce that is designed to be fair.
Who Gets Kids in Divorce
When you are getting a divorce, the best thing to do - if you can- is to work out a custody agreement privately with your spouse. if you are able to do this, then the court will review and sign off on the agreement. Not only is if often cheaper to work out a custody arrangement yourself than to go to court and fight over custody, but if both of the parent work it out, there is more likely to be a result that they can both live with. You and your spouse understand your respective roles as caregivers and the needs of your child far more than a court or judge ever would- it is up to you to decide what happens to that child.
If you can't work it out, then the court will have to decide on custody for you. In such cases, the agreement will be binding unless you can petition the court and get them to change their minds. This means even if neither you nor your spouse likes it or is happy, you will have to live with it. If one of you doesn't, then you will be violating a court order and subject to arrest.
When the court establishes a custody arrangement, they can give one parent sole custody or create a shared custody arrangement. There are many different shared custody arrangements- sometimes time is split equally and sometimes one parent has primary custody and the other has visitation rights. The appropriate arrangement depends on the nature of the relationship between the parents and kids.
In most cases, the court will strive to give both parents as much access to the children as possible. In some instances of abuse or neglect, however, one parent may be denied visitation or permitted supervised visitation only. When looking at who should get custody, the court looks at the best interests of the children to make their decision.
An experienced divorce or family law attorney can guide you through the process and help you determine who gets the kids in a divorce. He can help represent you to get custody in court or help you work out an agreement with your ex-spouse that is best for everyone.