What to Know About Parenting on Through a Divorce

Posted on: 1 March 2021

The children of divorcing parties occupy a special category. Both federal and state laws have been developed to ensure that children are protected as much as they can be as the parents part ways. When many consider what it means to protect a child, they may primarily consider the emotional and practical aspects. To do a good job, though, of protecting a child during a divorce, you must also consider some important legal and financial issues. To find out more read on.

Legal Issues: Child Custody and Visitation

In the best-case scenario, both parents get together and create a parenting plan that includes who will be the child's primary custodian. Next, a visitation schedule that takes into account the needs of the child can be planned out. To prevent problems later, be sure to consider work obligations and more. Don't over-promise when it comes to making out the schedule. While custody and visitation can be changed with a court order, it won't be easy to convince the judge that changes are necessary so give your parenting plans a lot of thought for what is best for the child both now and in the future.

If you cannot agree on a custody choice, things will get more complex. Often, when parents cannot agree, it means they disagree about the fitness of a parent. Any allegations of abuse or bad behavior must be proven with police reports, photographs, witness testimony, and more. Family court judges may also order everyone to participate in divorce mediation in an attempt to resolve differences. If that doesn't work, the judge may order the family to undergo a child study by a parenting expert. They will interview all parties, observe the child, and present their opinion to the judge.

Financial Issues: Child Support and More

Almost all custody situations call for one parent to pay child support. Both parents are evaluated regarding income and the parent making the most money is usually ordered to pay child support. The amount ordered is based on income. In most cases, the parent that has physical custody of the child is automatically expected to provide whatever support the child needs when it exceeds the ordered support. Other financial issues include:

  • Health insurance: One party may be ordered to pay the premiums. 
  • Life insurance: Usually, the party that pays child support must purchase life insurance so that the needs of the child can continue to be met in the event of death.

To find out more about any of the above legal and financial issues, speak with a divorce attorney.