April 15, 2022
If you are dealing with the end of your marriage you may be seeking a family lawyer. Divorce, child custody, alimony, and parental rights are all complex issues related to divorce cases. Every family law case is different, so it is helpful to hire an experienced family lawyer who can protect your legal interests and assert your rights under your local state laws.
The Best Interests of the Child Standard in Family Law Cases
The best interests of the child standard is an important concept in family law. Courts must often make decisions regarding child custody, parental rights, and visitation rights that affect where a child will attend school and with whom the child will reside for extended periods of time. These decisions must be made in accordance with the best interests of the child.
A parent who is habitually intoxicated and endangers the child’s life may not be granted full custody because this would not be in the best interests of the child. The following factors are important when judges consider decisions that will affect the child’s life:
- The physical and mental needs of the child
- The ability of the parents to provide the child with medical care, clothing, and food
- The emotional bond between the child, parents, siblings, and other family members
- The physical and mental health of the parents
- Whether domestic violence has occurred in the home or is occurring in the home
The Beginning of a Divorce
The petition for the dissolution of marriage is the document that begins divorce proceedings in the state in which the marriage was licensed originally. If you want to get divorced in certain states, you may need to satisfy statutory residency requirements. First, you need to have resided in the state for at least six months. Second, you must have resided in the county where the petition for dissolution of marriage was filed for three months.
You must wait six months and a day before your divorce proceedings are finalized. Many states are designated as no-fault divorce states. The court may dissolve the marriage if irreconcilable differences between the parties exist. Also, a single spouse can decide to end the marriage relationship even if the other spouse does not want to end the marriage. In no-fault states, when parties request divorces, they do not have to prove fault. Child support is often a contentious issue in divorce cases. Child support consists of monetary payments made by one party to another for the expenses of caring for children. Judges will examine how much time each parent spends with the child and the income of each parent.
Community property is also another important concept regarding family law cases. Certain states are referred to as “community property” states. Any assets acquired during the marriage become both parties’ property. However, inheritances, gifts, and assets each party received before the marriage will be considered separate property. Retaining an experienced lawyer can help you understand which state-specific laws are relevant to your divorce case.
Thanks to our friends at AttorneyBernie.Com for their expertise in the area of family law.