Divorce is a tragic yet all too common result of marriages in the 21st century. Over the last 40 years divorce rates have been rising to new heights that threaten the institution itself. One of the most tragic side effects of any divorce is the fallout and how it affects innocent bystanders. Children are often the forgotten innocent bystanders who are most affected by any divorce. As couples squabble over property and wealth, the physical and emotional health of their children is often left out of the equation. Even worse, children sometimes become the pawns in the battle as partners look to use them against the other in a divorce. Child custody attorneys are needed to help couples going through a divorce determine how custody of the children will be arranged in the aftermath of a divorce.
Since a marriage is a legal union of two parties, a divorce also becomes a legal process that requires the assistance of lawyers. A divorce can include many issues aside from a simple dissolution of a legal union. These other matters include division of assets, debts, properties, and most important child custody. It is the job of child custody attorneys to both watch out for the needs of children involved in a divorce, and helps both parties protect and exercise their parental rights.
A divorce involving children is much more difficult to deal with than one in which no children are involved. The two most important aspects to be determined regarding children in a divorce are residency and visitation (formerly referred to as custody and access). There are three general ways in which residence of the children is determined during divorce proceedings and they include:
- Sole custody: Physical and legal custody of any children is granted to one parent
- Joint custody: Physical and legal custody of any children is granted to both parents
- Split custody: One parent has physical and legal custody of some children while the other parent has physical and legal custody of other children
After custody is determined by a court, visitation rights still need to be determined in some instances. In particular, when sole custody is granted to one parent the other parent is often left to fight for a right to have time with their children.
Child custody attorneys become particularly important for those individuals who find their divorce proceedings ending in litigation to settle child custody disputes. Those proceedings that end in litigation often become very nasty as both parents battle for custody of their children. It is not uncommon when this occurs for both parents to make wild accusations against the other involving sexual, physical, and emotional abuse, brain-washing, sabotage, and manipulation. Having an attorney in their corner makes battling these charges in court much easier for any parent involved in custody battle.
Other issues need to be settled regarding children during a divorce. While not specifically related to which parent has custody or how custody is split between parents, child custody attorneys also help determine financial support of children involved in a divorce. Often, when one parent is awarded sole custody of the children, the other parent is required to make financial contributions to help support the children.
Divorce can often be resolved in a civil manner, but regardless of manner in which divorces and child custody battles are concluded; child custody attorneys play a crucial role in this legal process. Those who are in need of a child custody attorney for their divorce proceedings should check out Familylawattorney.com where they will find a vast list of experienced and dependable child custody attorneys in their area.