How Does A Divorce Work with A Child?
Determining a child custody arrangement during a divorce is no simple task. Child custody determinations are governed by state law, largely.
Parental Responsibility After Divorce
If you share a child with your partner, you will generally share responsibility for that child in some fashion following a divorce. The court may ultimately have to make decisions for you if you and your spouse cannot reach an agreement on the custody situation.
Parents who share joint legal decision-making authority have to discuss and agree on important matters like educational, medical, and religious education for their children. Typically, parents are expected to make these determinations together.
Parents are also expected to share time and day-to-day responsibility for their children following any sort of separation. Oftentimes, parents share time equally, choosing a schedule that is age-appropriate and logistically feasible for all involved parties. In other cases, parents share time unequally, with one parent’s home deemed the primary residence of the child. Sharing parenting time can also include holidays, vacations, school breaks, and any other events/activities related to the child.
Determining Child Custody After A Divorce
Parents who end up divorcing peacefully can decide between themselves how they’d like to share parenting time and decision making for their children. Some parents will choose to work with a third-party mediator to facilitate these tough conversations. If the parties fail to reach a mutual agreement, then the case may go to trial. This is where a judge will decide custody arrangements and parenting time.
Litigated Vs Collaborative Divorce With A Child
Collaborative divorce is known as a more peaceful process than the traditional divorce litigation. Litigation involves “fighting to win,” which means strategies to portray the other parent in a negative light may be implemented. By trying to gain an advantage in court, parents will often damage or even destroy the possibility of maintaining an amicable co-parenting relationship in the future.
Conflict only breeds more conflict, and parents who rely on the court to settle their disputes will oftentimes find themselves back in court when a similar circumstance arises down the line.
Collaborative divorce uses a solution-focused approach to resolve disputes rather than address conflicts in court. This process can save significant amounts of time and money, and it gives the parties the opportunity to receive the best outcome possible. Collaborative divorce can help you avoid the stress and unpredictability of litigation. It is generally a more peaceful option for both spouses during this difficult time.
Attorney Arizona
There’s nothing better than the peace of mind you will have knowing you’ve protected your family at a time when they need it most. Let us help. Schedule a consultation or contact Ogborne Law, PLC of Arizona today.
