|
Visitation/ Parenting Time |
|
When a couple with children decides to end their marriage, they must decide custody and visitation for their children. Custody and visitation are two, separate issues. Custody is who has the power to make decisions for the children. Visitation, otherwise known as parenting time, is the time that each parent has with the children each week. There are two types of custody – Shared Parenting and Sole Custody. Shared Parenting is that both parents are the residential and custodial parents of the children, and the parents must consult with each other to jointly make decisions for the children. On the other hand, sole custody is one parent is the custodial and residential parent and he/she makes all the decisions for the children. When the parents settle their cases, they decide what custody arrangement is within the best interest of their children. When the case does not settle, a judge decides. Parents must also decide the parenting time for the children. When parents agree, they decide the schedule. If they do not agree, a judge decides. Couples choose all different kinds of schedules. The best schedules are those that are best for the children, which typically are consistent schedules that are not too disruptive to the busy lives of the children. |
|
|
Spousal support is otherwise known as alimony. Spousal support is appropriate in long-term marriages where one spouse earned a much higher income than the other. Whether spousal support is for a term of years or permanent depends on how many years the couple has been married. The monthly amount of the spousal support depends on the needs of the spouse receiving support to meet his/her monthly living expenses and the ability to pay of the spouse who owes the support. |
|
Separation agreements are the agreements that are signed when couples end their marriages. The agreements divide the marital assets and debts. Judges will adopt the separation agreements as their orders. |
|
In marriages, there are two types of property, marital assets and separate assets. Separate assets are those owned by one of the parties before the marriage or gifts specifically given to that individual during the marriage. Marital assets are those assets acquired with marital funds during the marriage or gifts given to both parties during the marriage. |
|
Prenuptial (Antenuptial) Agreements |
|
Prenuptial agreements are agreements entered into between two people who are about to get married. To be enforceable, the prenuptial agreement must be signed prior to the marriage. In these agreements, the parties agree as to what assets will remain separate and what assets will be considered marital if the parties eventually decide to end their marriage. The parties can also agree on how to handle spousal support. |
|
When parties end their marriage, the Court will sign Orders, requiring them to divide their assets and debts, to pay child support and/or spousal support and to follow the custody/parenting time for their children. If one party does not follow the Orders, the other can force them to follow the orders by filing a Motion for Contempt of Court. This is considered to be a post decree matter. |
|
When a child is born during a marriage, the husband is considered to be the father and paternity does not need to be established unless the husband denies it is him. When a child is born and his/her parents are not married, the Court must establish paternity. Paternity can be established by the father acknowledging paternity or by taking a paternity test. |
|
When a child is born and his/her parents are not married, the case is a juvenile case, not a domestic case. As a result, the juvenile Court has jurisdiction. |
|
A guardian ad litem is an attorney hired to represent the children in custody cases. A guardian ad litem does an investigation by visiting the homes of the children, interviewing the parents and other individuals involved in the children’s lives and doing all that is necessary to make a recommendation to the Court as to whom should have custody. They can also recommend parenting time schedules that are in the best interest of the children. |
|
Grandparents can obtain visitation rights with their grandchildren if it is within the best interest of the children. |
|
A dissolution is when the couple agrees how to separate their assets and debts and how to handle the custody and parenting time of their children. The Judge just adopts their agreement as his order. On the other hand, a divorce is when the parties cannot agree, and a judge decides all the issues for them. |
|
A person is in contempt of court when he/she fails to follow the Court’s orders. |
|
Child support is one parent pays the other monthly support to assist in raising the children. Child support is established by a formula, which is defined in a statute. It is a calculation based on the parties’ incomes and certain expenses incurred for the children. |
|
Allocation of Parental Rights |
|
When parties divorce, a Court must decide each parents’ rights to the children. The Court must determine custody and parenting time. When it determines these, it is allocating parental rights. |
|
Adoption is when an individual who is not the birthparent of a child becomes the parent of that child. In order to adopt a child, the parent or parents of the child must surrender his/her rights to that child. |
|
|
|
|
|
