Child Custody during Divorce

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While a divorce proceeding is in progress, the parents have to adhere to a 'temporary child custody order.' This order can be established as a totally separate court order or a restraining order or as a part of the divorce petition. The order is in force till the final custody order is announced.

Steps for Child Custody during Divorce

  • Both the parents must commit to one another that they would attempt to solve the custody dispute without approaching any lawyer or court system
  • If the previous step is not possible, then the next alternative is that of mediation. A mediator is a neutral third-party. He/She tries to facilitate an agreement regarding this issue between both the parents. The mediator never makes any decision but enables to trace out the sources of custody problems and helps the parents move forward regarding this issue
  • While the parents are working out the topic of custody, both should concentrate on the best interests of the child. They must ensure to develop a parenting plan that essentially works out for the child
  • All the while the parents must determine the requirements of the child. This is inclusive of some minute details as follows
    • Whether the child has any allergy or asthma that demands monitoring?
    • Whether the child suffers from an attention deficit order? Consequently, does he/she demand extra care or attention?
    • Whether the child suffers from any medical problem? Is there any medication on a regular basis for the child?
  • The parent must take into account the child's activity schedule
  • After an assessment of the child's requirements and schedules, the parents must think of their own requirements and schedules. After due matching of these, a feasible plan can be developed
  • The child custody plan comprises of physical custody and legal custody
  • Finally, the parents must type an agreement and put down their signatures on it. Then, they can submit it in the court

Child's Rights in Child Custody during Divorce

  • Each child is empowered with the right to be brought up in the most fostering atmosphere that can be made available to him/her
  • The child must be placed in such a residence where the primary caretaker can offer a secure ambience and this caretaker perpetually has the best interests of the child in mind
  • The mediator or the court is authorized to consider the preferences of the child regarding custody. For this, the mediator or the court can schedule a private meeting with the child. The objective is that the child must feel sufficiently comfortable and consequently, must express his/her views candidly

Specific Custody Arrangements

The parents may come across situations where it is rather tough to chalk out the custody plan. In such cases, some of the recommended custody arrangements are as follows.

  • The parents make an agreement to share school, extra curricular and medical information pertaining to the child
  • A notice is essential to take the child away on vacations
  • Each alternate holiday and school break is spent with each parent

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