Divorce can often be a messy and complicated procedure that requires legal intervention and long, drawn out battles in court. When a couple has children, divorce can get even more complicated. The associated emotions involved will make the process far more difficult and can lead to bitter disputes.

Knowing what the law says is essential. Battling for the right to see or look after children can be an arduous task involving court visits and child custody lawyers. The more you know, the better you’ll be able to navigate this process. Keep reading to find out. 

Coming To An Agreement

Divorce can be incredibly hard for all involved, especially for younger children. It can leave them feeling confused, upset, and angry, and it’s important that everyone involved do their best to limit the impact the separation has on the children. 

What happens to children after divorce will depend on a number of factors. If the divorce has been conduced in an amicable and measured fashion, then couples can often agree on what’s known as a shared custody arrangement. If they cannot do this for whatever reason, then it will usually be up to the court to decide what is best for the children involved.

Joint Custody Arrangement

Under the terms of a joint custody arrangement, the child or children involved will spend an equal amount of time living with each separate parent. Additionally, each parent will have an equal say in major decisions that affect the child’s life. 

A joint custody arrangement is often regarded as the best possible outcome of a divorce. It allows the child to see each parent as much as the other and means that both parents can continue to play a role in raising their child. 

What If An Agreement Can’t Be Made?

If a divorcing couple cannot come to agreement over a joint custody arrangement for their children, the next step is usually to speak to a specialist called a mediator to try and settle the matter. A mediator will be well versed in family law and will be able to advise all involved parties on the best steps available for them. 

If a couple still cannot come to an agreement despite speaking to a mediator, the matter will then have to be resolved in court. 

What Happens In Court?

 The number one priority for courts involved in familial disputes is the welfare of the children involved, and they will take this into account before making any decisions. 

Both parents will be assessed by court and will be evaluating their ability to care for their child. Additionally, the child will be assessed, and this information will be used to determine which is the best outcome for them.

The court will ask the child what they would prefer, and will look at things like the child’s age, gender, physical, emotional, and mental health, and any impact a change in circumstances could have on them. Only once all of these have been assessed will the court move forward and make a final decision. 

Visitations

When the court comes to a decision and awards custody to one parent, the other parent still holds the right to visit and spend time with the child. The law states that visiting parents have the right to meet and take part in activities with the child at a specified time without infringement or interference from the other parent. 

Conclusion

Divorce can be incredibly difficult for everyone involved. It’s vital that children are protected from the emotional stress and mental distress that divorce can often cause, and that there is minimal disruption to their lives.