Divorce Law and Family Law Rules often have a great deal to do with each other. While family law covers more general aspects of divorce, divorce law deals with specifics such as who gets the custody of minor children, who can be declared a beneficiary of the divorce, who gets the house after a spouse’s death, who gets the assets upon divorce, etc. It is these issues that the law and divorce attorney are knowledgeable in that can make a major difference in the final outcome of a divorce.
The basic rule is that while one divorce decree cannot be enforced against another, a new divorce decree may still be in force when it comes to child custody and visitation issues. This is why it is so important for parents to seek out divorce lawyers who are well versed in family law and divorce law, not just any lawyer.
One of the biggest decisions that parents can make when going through a divorce is whether or not to work out an agreement on child custody and visitation or not. In this case, it is important for the courts to be able to work out the divorce justly so that both parties receive fair treatment. Working out an agreement in the divorce proceedings can lead to some well-deserved long-term peace between the two partners.
However, child custody and visitation are a major area that makes up a large part of the divorce proceedings. After a marriage, the partner who is granted sole custody of the children is expected to meet all of the needs of the children, including their mental, physical, and emotional well-being. If the custodial parent is irresponsible or neglectful, then there may be grounds for a court to award joint legal and physical custody to the other parent.
As the guardian of the children, it is the responsibility of the divorce attorney to keep in mind how a court will make the determination of child custody, visitation, and joint custody in the divorce proceedings. Not only does this put an emphasis on what the mother and father want for their children, but it also lays out the rules for each party and their attorneys.
For example, if the parents come to an agreement about joint custody and the father refuses to give the children anything other than a two-bedroom house, then the parent who has sole custody has every right to reject the arrangement, even if it gives the other parent a bigger house. If the parties have been legally married and the mother wants a two-bedroom house, it is the duty of the mother’s attorney to find out why the father would change his mind and agree to the offer.
In general, courts are very wary of changing how a child custody or visitation agreement is made once it has been entered into. A court will not alter an agreement that is already set forth in the divorce decree, even if there are mitigating circumstances in play.
Although the Constitution does not require a court to keep a custody or visitation order in force for two years, it is perfectly understandable that they feel it is in the best interest of the children to do so. During that time, it is important for the mother and father to continue to show how they care for the children, even if they are going through a divorce and they are separated.
While the parents can continue to make regular phone calls, send letters and make contact with each other, they are required to sit down and hash out what’s going on between them before the courts do so. If a parent decides to change his or her mind or feels like the other parent is neglecting the children, that parent must immediately let the court know.
To be safe, parents should discuss all of the details of their divorce with their divorce attorneys, especially if they have any doubts about what will happen once the divorce is finalized. There is nothing worse than trying to get through a divorce and not knowing what to expect.
And although most marriages have different set-ups from one another, there are some things that happen from time to time that result in divorces things getting out of hand. Often, spouses will get more than they bargained for when the kids come home from school to a home full of violence and mess, and frustration. To get more relevant information visit www.ftlauderdaledivorceattorneys.com.