Divorce and Children: Your Legal Obligations and Rights

1
Divorce and Children Your Legal Obligations and
Rights

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2
Every parent has certain legal obligations and
rights they should be aware of when applying for
a divorce.

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3
Even though a couple has decided to legally end
their marriage, by no means does this entitle the
parent to sever responsibility for, and end a
relationship with his or her children.

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4
The matrimonial homeSome people also have the
misconception that once they file for a divorce,
the other person will have to vacate the family
home.

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5
This is not entirely true. It has to be
determined in Court by a judge that one of the
parties should move out.

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6
It is important to remember that the Court will
always try to determine what is in the children's
best interests.

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7
Thus, it is entirely possible, if the home has
sufficient space that both parties could remain
in the matrimonial home with the children until
the divorce is finalized or other living
arrangements are made.

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8
For instance, some couples cannot afford to
continue to contribute their share of household
expenses and establish a second residence on
their own,

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9
so there could be an agreement between both
parties to remain in the home until they can
decide on a solution.

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10
In cases where a party can afford to keep the
matrimonial home after the divorce, the Court
often will allow the custodial parent to remain
in the home with the children as it may help them
to adjust to their new family dynamic in a place
they are already familiar with and comfortable in.

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11
However, the custodial parent cannot lease, rent
or sell the home without the permission of the
other parent or a court order.

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12
Financial Support of Your Children Both parties
are financially and legally responsible for the
support of their children.

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13
This includes providing sufficient housing, food,
clothing, and medical care. Just because the
parents are no longer living together and
married, they are not excused from this
responsibility.

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14
Unless there are extenuating circumstances, the
Court will generally expect both parents to
contribute based upon their income.

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15
The non-custodial parent provides their portion
of the financial support for their children in
the form of child support payments made to the
custodial parent.

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16
Care for Your Children Both parents are equally
responsible to ensure their children are properly
cared for in a stable and loving environment.

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17
When couples separate and divorce and one parent
moves out, that parent needs to make arrangements
with the other parent for the care of the
children.

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18
Typically, this is when child access, custody and
visitation schedules and agreements are worked
out.

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19
In amicable situations, the parents will normally
come to a mutually agreed-upon custody, access,
and visitation schedule, where both parents get
equal time to care for their children.

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20
However, in contentious situations, even if the
Courts still prefer to award shared custody with
access and visitation being split equally,

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21
if it is clear that the relationship between the
parties is toxic, and co-parenting unworkable, a
Court may award custody to one parent.

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22
Unfortunately, in the real world, not all parents
are willing to come to mutually acceptable
arrangements in regards to their children and
some even fail to adhere to the original
agreement.

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23
When these types of situations arise, it is best
to contact an experienced family law lawyer, like
here at Davies Law Firm, for assistance and
advice.

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24
To schedule a consultation appointment to discuss
your family law matter in greater detail, call
[phone] now! Source- http//www.daviesdi
vorcelaw.com/divorce-children-legal-obligations-ri
ghts/

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