Children in Divorce

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Most Common Family Law Issues:

What Happens with Children in a Divorce Case?

One of the main concerns in any divorce or legal separation is how to deal with children of the couple. In some divorce cases, a majority of the time is spent on determining legal arrangements for the children. There are many legal decisions that need to be made during a divorce. Many of these can affect a child or children.

As such, the judge will have to review all the facts of the case to ensure that the child’s best interests are met. In other words, in a divorce case, the needs of the children are given more weight than the desires or opinions of the parents. This will help ensure that the best arrangement is reached in terms of custody and child support.

What Are Some Children’s Legal Issues to Consider in a Divorce?

In a divorce, some legal issues to consider regarding the children will include:

By far the most important legal issue to settle is the question of child custody. Here, the court will review many factors when making this determination. They may consider facts such as the child’s relationship with each parent; the child’s age and capabilities; and the financial background of each parent.

Do Children Have a Say in Legal Decisions During a Divorce?

In most cases, children are not allowed to make legal decisions in a divorce case. This is especially true if the children are below the legal age limit (usually 18) and are not considered capable of making independent decisions. However, some exceptions may be made where the children are of legal age and/or are capable of entering into legal agreements on their own. As mentioned, all legal decisions must conform to the best interests of the children.

Do I Need a Lawyer for Help with Divorce Issues?

Divorce hearings can often involve many different types of legal issues. You may wish to hire a lawyer if you have any specific questions about children in a divorce situation. Your attorney can inform you of how to proceed in a way that bests suits the interests of the children involved. Also, your lawyer can be on hand to represent you during the process to help you with any concerns that might arise.

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Last Modified: 06-26-2014 03:45 PM PDT

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