Worrying what happens to the children during a divorce case is common among parents. The couple is having problems, but this is also a very difficult time for the children. However, most parents generally realize that their problems need to be secondary to that of the children. Before anything else, it is best to decide which parent gets custody during the divorce.
One thing that all parents are encouraged to do is talk to the kids to get their input. Approach them in a manner that is not confrontational or defensive. As their mother and father, explain the situation and see where they would like to live during the divorce, assuming both parents are capable of providing them with all the support they will need during this process.
When Parents Cannot Agree on Custody During a Divorce
There will obviously be times when the parents are not amicable or regardless of what the kids say, one parent wants custody of the children during the divorce. When this happens, the courts will use a mediator to help make a decision, which means you will need a divorce lawyer that is also familiar with child custody cases.
Unless one parent is unfit, it is unlikely that any parent will be awarded sole custody of the children during this period. However, if one parent has been using illegal substances or has a substance problem, is abusive, or has neglected the children, the other parent may be awarded full custody. It will be up to that parent, however, to provide proof that there is a problem.
Because the legalities of this situation are many and complex, it is always best to consult with an experience divorce attorney instead of trying to proceed on your own. Because of the complexities, one small omission or mistake may end up having you forfeit your claim to custody of the children. Obviously, this is something you want to avoid.
We all know divorces are not easy, even amicable ones. However, what all parents need to realize is that the children must come first. Even if you realize you are not the right parent for custody during the divorce proceedings, you will need to fight for your right to spend time with the children while you are getting settled. Then, when the divorce hearings take place, you can make your claim for full custody. Consulting with a proven divorce attorney is the first step in making that happen.
