Divorce Child Custody
Divorce is a process that mainly occurs to legally terminate a marriage. This legal process not only separates two spouses but also disintegrates the family. Various other joint issues are also meant to be settled before declaration of a final decree. There are some general matters that are included in almost every dissolution case. These issues relate to guardianship of child or support, property and debt distribution, fixation of alimony amount, visitation schedule and likewise. However, child related issues are considered to be the most critical issues that are handled during any legal process. The court finds it complex and time consuming to issue a marital termination decree, when the couples are in conflict. The judges frequently order a third-party evaluation. This is performed by an expert in the field of mental health, psychology and psychiatry. This expert generally estimates the following -
Most importantly, the personal interest of the kids is of major consideration for the state court. The expert then forwards his/her recommendations and these can be used as a basis for a parental agreement.
Multi state family issues are handled as per the UCCJA and UCCJEA.
UCCJA - Uniform Child Custody and Jurisdiction Act
Types of Divorce Child Custody
Sole Legal Custody of Children
Sole Physical Custody
Joint Legal Custody
Joint Physical Child Custody
Primary Physical Guardianship
Impact of Adultery on Divorce Child Custody
Although, adultery does not have a direct effect on this crucial decision, it plays an indirect role. Every court in the United States aims at the best interests of the child while finalizing the dissolution arrangement. The court takes into account the surroundings and obviously the family life. As a consequence, the following are taken into account -
This issue is one of the most prominent parts of a court case, as it might affect the child's upbringing. There are various criteria that are to be considered before ordering the responsibility to the single parent or both the parents. Therefore, the court essentially orders for a definite evaluation and analysis of circumstances between the spouses and the small ones. Accordingly, a suitable type is assigned to the parties as described above. Regarding each unique case, the impact of adultery would vary.
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