No one enters a marriage thinking it will end in divorce, but sometimes life intervenes and forces people to make the difficult decision to split up. When that happens, parents need to take steps to ensure their children are well-supported through the process. You can accomplish it in several ways, depending on the specific situation. Here are the legal ways to support your child in a divorce.
Gain custody of your child
If you want to ensure your child lives with you most of the time, you will need to gain custody. You can do this through a legal process known as a divorce trial. In this trial, each parent presents their case for why they should have custody of the child. The judge will then make a decision based on the evidence presented.
Often, the judge will award custody to the parent who can provide the child with the best environment. However, other factors, such as the child’s preference and each parent’s work schedule, may be considered.
Working with a reputable custody attorney will give you the best chance of success in gaining custody of your child. These professionals understand the law and know how to best present your case to the judge. This way, you have the best chance of getting your desired outcome.
Obtain a court order for child support
If you are the custodial parent, you can seek a court order for child support from the other parent. The amount of support comes from many factors, including each parent’s income and the child’s needs.
In most cases, the non-custodial parent will be responsible for making monthly payments to the custodial parent. This money helps cover the costs of raising the child, such as food, shelter, and clothing.
Child support payments can be ordered by a judge or through an agreement between the parents. If you and the other parent agree, you can submit it to the court for approval. Once approved, it will become a court order.
Get a restraining order
A restraining order may sometimes be necessary to protect your child from another parent. This order is especially true if there is a history of domestic violence or abuse.
A restraining order is a legal document that requires the other parent to stay a certain distance away from you and your child. It can also prohibit them from having contact with you or your child. If the other parent violates the restraining order, they can be arrested and charged with a crime.
With enough evidence and a strong case, you can obtain a restraining order from the court. But it would help if you worked with your local domestic violence professionals to ensure the process goes smoothly and successfully get the order.
Create a parenting plan
A parenting plan is a document that outlines how both parents will be involved in their child’s life. It will cover topics such as custody, visitation, and holidays.
The law does not require a parenting plan. However, many courts encourage parents to create one before going to trial. This document can help prevent disagreements and misunderstandings about each parent’s role in the child’s life.
If you and the other parent cannot agree on a parenting plan, the court will create one for you. When deciding, the judge will consider many factors, such as the child’s age. In doing so, they will attempt to create a plan in the child’s best interest.
Get help from professionals
Dealing with a divorce can be difficult, both emotionally and mentally. Therefore, it’s essential to get help from professionals when needed. Many professionals can help, such as therapists, counselors, and support groups. They can provide the guidance and support you need to get through this tough time.
Additionally, these professionals can help your child cope with the divorce. This way, your child can still have a healthy and happy childhood despite the separation. And if you have joint custody, these professionals can help make the transition between homes smoother for your child.
You can apply for a court order to make the other parent pay for your child’s therapy or counseling. In doing so, the law will oblige the other parent to help cover the costs.
Divorce is never easy, but there are ways to make it easier for you and your child. By working with experts, you can plan and prepare for the challenges ahead. This way, you can make the best of a difficult situation and ensure your child’s wellbeing. And with patience and time, you can help your child adjust to the new normal and thrive.
