If you're staring down the barrel of an impending divorce or reeling from a recent one, your primary concern may be establishing or maintaining custody of your children. Fortunately, a skilled, experienced divorce attorney can help you do just that, in addition to helping you secure a more secure financial future for the kids. Here are three ways these legal experts can help you keep your brood under one roof -- yours.
1. Transfer of Jurisdiction
Moving to another state with your kids doesn't necessarily mean that you're now under the jurisdiction of that state's custody laws. If you want to make sure that custody issues are administered by your new home state (in accordance with the federal guidelines enforced by the Uniform Child Custody Jurisdiction and Enforcement Act), then you need to establish your new residence as the children's permanent domicile.
On the surface, this sounds simple enough: You and your kids just have to prove that you lived in your new state for at least six months before requesting the change in jurisdiction. But your ex-spouse, still living in the state where the original jurisdiction was established, may have other ideas -- and so might the court that originally awarded custody. If your request is contested, the courts in both states must deliberate the issue to determine what's in the best interests of the children. This kind of debate can involve some delicate legal maneuvering, and a skilled divorce attorney can help you understand what points (such as special physical needs or other considerations) need to be made, and how to make them effectively.
2. Navigating Financial Support Problems
Your willingness to pay court-ordered child support is a critical factor in whether the court judges you worthy of primary custody. What happens if your financial situation changes drastically? No matter how obvious your financial straits may seem, you must never delay or stop payments on your child support. Your divorce attorney can help you go through proper channels to request a formal modification of the original child support terms. This is not only your legal obligation, but it also demonstrates your commitment to helping your children as much as you can.
Don't assume that your court-ordered child support is the only kind of financial support that comes under scrutiny when establishing custody. If you've been providing regular funds on a voluntary basis for your child's secondary education, medical needs, or a major purchase such as a teenager's first car, keep making those payments even if you're not legally required to do so. This demonstrates your desire to maintain your children's quality of life, a critical consideration in granting primary custody.
3. Establishing Yourself as the Most Stable Parent
Unsettling as it may seem, a custody battle is at heart a competition between two parents to show which parent is better equipped to raise the child in a financially comfortable, emotionally nurturing, physically safe environment. That means you must not only establish your own credentials in this regard, but you must also discredit those of your spouse. Your divorce attorney can provide critical advice as to what kind of supporting documentation from school counselors, police departments, psychologists, medical institutions, or other professional agencies you may need to produce for the court.
You divorce attorney can also help you establish that you have been the primary caretaker of your children in the past. This is important because it implies that your children have grown to depend more on you than on the other parent. Some examples that can be objectively supported include:
- Participation in parent-child events
- PTA involvement
- Scheduling regular dental or pediatric care
- Taking sick days off from work for the documented purpose of nursing a sick child
- Providing transportation to and from daycare or school
Other primary caretaker tasks such as daily bathing, dressing, or help with homework can be harder to support objectively and may come down to testimony. Your divorce attorney will help you prepare the strongest possible case to show that you've served as your kids' primary caretaker.
The right documentation, strategies, and counseling can make all the difference when you want your children to spend most of their time with you in the aftermath of a divorce. Talk to a trusted divorce attorney in your area to learn how you can put this kind of legal expertise to work for you. You can also visit http://www.kamesquire-com.webs.com for more information.
