Getting Divorced With Kids: Understanding Family Law and Divorce Proceedings

Posted on June 28th, 2024

Getting divorced is never easy, and when children are involved, the process becomes even more complex. It's not just about the dissolution of a marriage; it's about ensuring the well-being and stability of your children throughout and after the divorce. 

The emotional and legal challenges are significant, but understanding the legal aspects and proceedings can help you navigate this challenging period with greater confidence and clarity. This guide aims to shed light on the key aspects of getting divorced with kids and the family law proceedings that come into play. 

We will cover essential topics such as child custody, child support, parenting plans, guardianship, and more. Our goal is to provide you with the knowledge and tools you need to make informed decisions that prioritize your children's best interests and help you manage the legal process effectively.

What Does a Divorce Mean Legally?

Divorce is the legal termination of a marriage by a court. This process involves a series of steps and legal considerations designed to address various aspects of the marital relationship.

When a divorce is finalized, several things are legally separated:

• Property Division: The assets and debts acquired during the marriage are divided between the spouses. This can include real estate, bank accounts, investments, and personal property.
• Alimony (Spousal Support): One spouse may be required to provide financial support to the other, either temporarily or permanently, depending on various factors such as the length of the marriage and the financial situation of both parties.
• Debts: The marital debts, such as credit card balances, loans, and mortgages, are divided between the spouses.

These elements ensure that both parties can move forward independently and that the children's needs are met. Let's now focus on the specific family law proceedings that come into play when getting divorced with kids.

Family Law Proceedings When Getting Divorced With Kids

When children are involved in a divorce, several additional legal proceedings come into play. These proceedings are designed to protect the best interests of the children and ensure their well-being.

Child Custody

Child custody determines where the children will live and who will make important decisions about their lives. There are two main types of custody: physical custody and legal custody.

What Child Custody Proceedings Entail

• Determining the primary residence of the children.
• Deciding on joint or sole physical custody.
• Establishing joint or sole legal custody for decision-making.
• Arranging visitation schedules for the non-custodial parent.

Child Support

Child support is the financial contribution one parent makes to the other for the expenses of raising the children. It ensures that the children's financial needs are met despite the separation of their parents.

What Child Support Proceedings Entail

• Calculating support based on state guidelines and parental income.
• Determining the amount and frequency of payments.
• Establishing provisions for healthcare and education costs.
• Reviewing and modifying support as circumstances change.

Parenting Plans

Parenting plans are detailed agreements that outline how parents will raise their children after divorce. These plans cover a wide range of issues to minimize conflicts and ensure consistency in the children's lives.

What Parenting Plan Proceedings Entail

• Creating schedules for holidays, vacations, and special occasions.
• Establishing protocols for communication between parents and children.
• Setting guidelines for decision-making on education, health, and activities.
• Including provisions for dispute resolution.

Guardianship

In some cases, a court may need to appoint a guardian to care for the children if neither parent is deemed fit. Guardianship proceedings ensure that the children have a responsible adult looking after their needs.

What Guardianship Proceedings Entail

• Assessing the fitness of potential guardians.
• Determining the best interests of the children.
• Establishing the scope of the guardian's responsibilities.
• Monitoring the guardian's performance and the children's well-being.

Relocation

If one parent wishes to relocate with the children, it can significantly impact custody arrangements. Relocation proceedings address the legalities and implications of such a move.

What Relocation Proceedings Entail

• Evaluating the reasons for the move.
• Assessing the impact on the children's relationship with the non-relocating parent.
• Modifying custody and visitation arrangements.
• Ensuring the move serves the children's best interests.

Modification of Orders

Over time, circumstances may change, necessitating modifications to custody, support, or other orders. Modification proceedings allow parents to request changes based on new developments.

What Modification Proceedings Entail

• Demonstrating a significant change in circumstances.
• Revisiting child custody or support arrangements.
• Adjusting parenting plans to reflect new realities.
• Ensuring changes are in the children's best interests.

Enforcement of Orders

When one parent fails to comply with court orders, enforcement proceedings ensure that the orders are followed. This can include custody, support, or visitation orders.

What Enforcement Proceedings Entail

• Filing a motion for enforcement with the court.
• Presenting evidence of non-compliance.
• Seeking court remedies, such as fines or jail time for contempt.
• Ensuring the children's needs are consistently met.

Related: Divorce Options & What You Need to Know Legally About Them

Wrapping Up

Understanding the intricacies of getting divorced with kids is crucial for ensuring the best possible outcome for your children. From child custody and support to parenting plans and guardianship, each legal proceeding plays a vital role in protecting your children's well-being and ensuring their needs are met.

At the Law Office of Laurence S. Scher P.A., we specialize in providing comprehensive family law services, including divorce, juvenile law, criminal law, and Marchman Act services. Our dedicated team is committed to offering compassionate and effective representation to help you through this challenging time. We understand the emotional and legal intricacies of getting divorced with kids and are here to guide you every step of the way.

Contact Us Today!

If you need assistance or have any questions, please don't hesitate to reach out to us at (561) 806-8777 or email us at [email protected]. We are here to help you through every step of the process, ensuring that your rights and interests are protected.