What to Consider If You’re Getting A Divorce With Kids

by | Jun 3, 2022 | Co-parenting, Navigating Divorce

In the United States, there are two types of divorce — no-fault and fault. 

A no-fault divorce is a type of divorce in which the dissolution of the marriage is not attributed to any wrongdoing or fault on the part of either spouse. This type of divorce is available in some jurisdictions and is often favored by those seeking to dissolve their marriage as it can be less contentious and more amicable than other types of divorces.

In a traditional fault divorce, the petitioner must allege and prove that the other spouse committed one of several enumerated marital wrongs, such as adultery, abandonment, or cruelty. If the petitioner can show that the other spouse is at fault, then the court may award the petitioner a divorce based on this finding. Most of the time when getting divorced in New York or getting divorced in Boston these days people mostly file for no-fault divorce.

In either case, however, if the relationship has kids, a judge is often required to help with such things as custody arrangements, child support, and visitation. The factors a judge may need to consider include the child’s age, the child’s relationship with each parent, and whether either parent has been abusive or neglectful.

The process may seem difficult, as many parents are worried that they will lose their children, but it is ultimately worth it if the parents can reach a settlement that works best for their children.

 

Types of Child Custody

There are three types of custody:

  • Legal Custody: Legal custody refers to the right and responsibility of a parent to make decisions about a child’s welfare. Legal custody may be shared by both parents, or awarded to one parent. If legal custody is shared, both parents must agree on important decisions affecting the child’s welfare. If legal custody is awarded to one parent, that parent has the exclusive right to make decisions about the child’s welfare.
  • Physical Custody: Physical custody is the term used to describe which parent a child lives with. In most cases, physical custody is awarded to one parent, with the other parent receiving visitation rights. Typically, the parent who has physical custody is also responsible for making all of the major decisions regarding the child’s welfare, such as education and medical care. In most cases, the non-custodial parent will have visitation rights, although these can be modified or terminated if it is determined that it is in the best interests of the child.
  • Grandparent Visitation and Custody: Grandparent visitation and custody in a divorce with kids is a situation where the grandparents of the children involved in the divorce are given visitation rights and, in some cases, custody of the children. This situation often arises when one or both of the child’s parents die or are otherwise unable to care for the child. It can also arise if one or both of the child’s parents are incarcerated or otherwise unable to care for the child.
Divorce With Kids

How to Navigate Child Custody and Visitation Issues

Going through a divorce is difficult enough, but when children are involved, things can get even more complicated. If you and your spouse come up with a custody plan that you both agree on, the court may approve it. One powerful tool for coming to an agreement on child custody issues is mediation. However, if you cannot agree on a custody and visitation plan, the court will decide what is best for your child. Here are some tips for navigating child custody issues:

  • Talk to an attorney: Child custody and visitation can be a complex issue, and it is important to have someone who can help guide you through the process. An experienced attorney will prove super helpful in this case, as they will be better able to help you navigate the system, including mediation. 
  • Come up with a plan with your spouse: If you do not agree on a plan, it is 100% up to the court to decide what is best for your child. So, try to come up with a plan that meets the needs of both parents and the child, and bring that before the court. Our skilled divorce attorney specializes in online mediation to facilitate a smooth negotiation. 
  • Be flexible: When navigating a child custody and visitation issue, it is important to be flexible. This means that you should be willing to consider all potential options and be willing to make some compromises.

 

What is the Best Type of Child Custody and Visitation Arrangement?

When it comes time to make a decision about child custody and visitation, many couples find themselves at a loss as to what the best decision would be. While some couples are able to come up with a plan that works for them and their children, other couples may find that they need assistance from an attorney in order to create an arrangement that will be approved by the court. No matter which route you decide to take, it is important to remember that the welfare of your children will be the utmost priority of the courts when approving your final agreement.

paper cut of couple fighting over a house with gavel in the background

Child Support

There are two types of child support — physical and financial. Physical child support is the actual support of the child, such as providing food, clothing, shelter, and other necessities. Financial child support is the payment of money to help support the child. The amount of financial child support that is paid depends on a variety of factors, including the income of both parents and the number of children they have.

 

How to Navigate Child Support Issues

When it comes to child support, there are often a lot of questions and misconceptions. Here are some tips on how to navigate the process:

Understand your state’s laws: Each state has their own laws when it comes to child support, so it is important to understand what you can ask for in your divorce settlement.

In New York, for example, child support is based on a percentage of the non-custodial parent’s income. The percentage depends on how many children are being supported. For one child, the non-custodial parent would pay 17% of their income in child support; for two children, they would pay 25%. The percentage increases if there are more kids. 

The child support rates in Massachusetts are based on a percentage of the non-custodial parent’s income. The rates range from 18% to 35%, depending on the income of the non-custodial parent. The calculation takes into account both parents’ incomes, the number of children involved, and certain other expenses. This ensures that children receive adequate support.

Get an attorney: If you need help negotiating with your ex for a lower or higher amount of child support, it is important to have an attorney who understands these laws and can help you through mediation. 

Gabrielle Hartley LLC Better Apart Divorce and Mediation

Gabrielle Hartley, LLC

If you live in New York or Massachusetts and you are looking for guidance on how to work out your divorce with kids, you may want to speak with Gabrielle Hartley. She is a skilled divorce attorney who can help you understand your rights and responsibilities. She is also able to help negotiate with your spouse through mediation, and come up with a plan that you and your spouse feel is in the best interests of your children.

Contact Gabrielle Hartley, LLC now to get started.

Gabrielle Hartley LLC Better Apart Divorce and Mediation

Gabrielle Hartley, LLC

If you live in New York or Massachusetts and you are looking for guidance on how to work out your divorce with kids, you may want to speak with Gabrielle Hartley. She is a skilled divorce attorney who can help you understand your rights and responsibilities. She is also able to help negotiate with your spouse through mediation, and come up with a plan that you and your spouse feel is in the best interests of your children.

Contact Gabrielle Hartley, LLC now to get started.

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DISCLAIMER: The commentary, advice, and opinions from Gabrielle Hartley are for informational purposes only and not for the purpose of providing legal advice or mental health services. You should contact an attorney and/or mental health professional in your state to obtain advice with respect to any particular issue or problem.

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