A marriage breakup through divorce is not easy and it often results in disagreements on who should raise the children. Custody battles can be bitter and exhausting if not done properly. Even though the custody of a child implies who the child will reside with physically, both parents still continue to be guardians.
The parent who gets custody will be the main caretaker of the emotional, educational and medical needs of the child, while the other parent who doesn’t have custody will still have rights over the child, including the right of access.
Nothing lasts forever, not even custody terms. It is generally assumed that judgments on custody cases are not final, and changes in the future will warrant revisiting the custody agreement. If both the parents reach an agreement after this period, the court can then approve it; however, if the parents don’t reach an agreement, the court then settles it.
How a court makes a custody decision?
What the court looks at basically is the best interest of the child. The court does not focus on the convenience of either parent or on what they want. There has been a shift over the years based on the right of the parent to the right of the child. How much money a parent earns does not determine custody cases, but the ability of the parent to provide the child with a safe and secure living environment, guided by family law solicitors Manchester or others around the UK.
In most cases, the mother gains custody if the child is still at a tender age, and when the child gets older, custody terms will be revisited. A mother who has no source of income will not automatically lose custody battle, rather the father will be tasked with the responsibility of providing child support.
There will be better room for negotiation if innovative terms are introduced, such as joint custody, which is a concept that has evolved over the years. In joint custody, both parents will have legal custody rights to the child, but only one parent will have physical custody and be the child’s caretaker. The other parent can get daily, weekly or monthly access to the child. It could also be during the weekend and during vacations and special days. Also, that parent could have free access with no specific schedule depending on the court’s decision.
Every parent needs to realize that any decision taken will have a direct effect on the child. As vital as getting a custody right is, so is providing basic necessities for the child’s sustenance. Both parents can agree to pay a large sum or little payments over time for the child’s education. Such amount should be sufficient for the child.
Can a custody agreement be changed?
Yes, it can. Even though in most cases, it involves filing a petition in the court that custody was first granted. However, if both parents have moved to a different state, or because of some other reasons that will make it impossible to file in the original court, permission will be granted for the parents to file in a different court.
Is a lawyer necessary?
Custody arrangements can be complex depending on the parents involved. It is however safer to allow a lawyer write the custody paperwork. Hire a child custody attorney with experience to provide you with all the information you’ll need.