Why You Should Learn About Family Law If You Are Divorced With Children

Getting a divorce can be hard enough, and people often forget about the aspects of the divorce process that will impact their kids. If you are in the process of getting divorced, or you are thinking about asking for a divorce, you need to be informed about family law. The more that you know about family law in St. Louis, the less likely it will be that you will make mistakes in your requests for parenting time, child support, and child custody.

Securing a skilled legal team to work on your divorce is another essential step if you are getting divorced and you have children. Your kids will have to go through the divorce with you and your former spouse, and you need to be able to protect their best interests by having an experienced legal team working on your behalf.

Things to Know About Family Law if You Are Divorced or Are Getting Divorced With Kids

1.      Parenting Time Doesn’t Have to be Standard

There is a set standard that is often used to dictate parenting time for each spouse when a divorce takes place. However, your attorney can adjust this parenting time if there is a reason that the standard plan will not work for your needs. There are many reasons that you might need a parenting plan that allows you to see your kids around your work schedule, travel demands, and more.

You should be sure that your lawyer is working hard to secure the right parenting time plan for your specific needs rather than just going with the flow. At the end of the day, you need to be allowed to readily access your portion of the 50/50 parenting time that is allowed in most divorces. Being sure to ask for non-standard parenting time alterations can allow you to see your kids more often and spend quality time with them each year.

2.      Child Support Doesn’t Have to Break the Bank

Child support is typically determined based on a set standard that is connected to the amount of money that you make. However, if you are a non-custodial parent paying child support and something about your situation changes, you can apply to have your child support amount adjusted. Things like being laid off, a move to a new kind of job, or a change of location can directly impact your ability to afford your child support payments.

Make sure that you are not breaking the bank or making it hard to find a place to rent just because of child support payments that need to be adjusted. Things change in life, and the parenting plan and the child support order that you were given when you were first divorced can be altered to fit your new situation as needed.

3.      You Can Ask for Sole Custody

Many parents are encouraged to go with the usual parenting plan, which splits up custody between both former spouses. However, there are situations where this is not in the best interest of your kids. If you feel that your former spouse is not fit to spend time with your kids, you can ask for a judge to grant you sole custody of your children.

You need to be aware that the judge will have to do some research, and your lawyer will have to present a carefully thought-out explanation of why this change from the usual parenting plan is needed. But, if your former spouse truly cannot be trusted to take care of your kids and you feel that they are not someone who should be in the picture, you can ask for sole custody and be denied parenting rights as part of your divorce process.

You can also ask for this part of your divorce to be revisited if something changes about the circumstances that your children are being exposed to when they are visiting your former spouse. Things like drug addiction, other people in residence, or issues with housing can all lead to a sole custody order or denied parenting time.

4.      Your Kids Can Have a Say in Where They Live

Your children cannot formally request to live with one parent or the other until they are eighteen. However, judges will still ask kids to weigh in on where they would rather live during a divorce. Older children’s requests to reside with one parent versus the other will be more likely to be honored than the requests of younger children, who might not understand why they are being given into the custody of the spouse they did not wish to live with.

Kids are often very negatively impacted by the stress of a divorce, which is why judges do try to ensure that their voices are heard while the divorce is in process. Parents are encouraged to allow their children to be honest with the judge as the divorce is being completed so that the parenting plan can be correctly crafted to meet the needs of everyone who is involved in the divorce.

You Need to be Aware of the Divorce Process if You Have Kids

The more you know about the divorce process, the more likely it will be that you and your kids will end up with a parenting plan that works for you. You can ask for specific concessions and demands as your divorce is being completed, and you can also ensure that your children’s wishes are heard and met by the judge who is presiding over the case if you are informed about the way that family law works in Missouri.

Having a skilled lawyer working on your case is the other key factor when it comes to crafting a successful parenting plan and custodial agreement. There are so many moving parts in a divorce that you will need the help of a team of legal experts to ensure that every detail is considered and handled correctly.