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Any ignorance regarding these issues may further complicate the matters and may deprive you of your rights as a parent. The given article discuses various important issues related to children, during a divorce.
Custody
Child custody is primarily about deciding which of the two parents has the legal decision-making authority over the children. In case of two-parent families, all the important decisions regarding a child, like religion, education, health, etc. are decided for by both the parents, either by consensus or one of the parents plays a primary role while the other parent helps and supports him/her. In a situation of divorce, a conflict may occur between the two parents regarding these rights. There exists various types of custodies like a sole legal custody, sole physical custody, joint custody, which tend to apportion the rights, duties and obligations of both the parents, according to their abilities, with an eye on the welfare of the child. If both the parents are in agreement over various issues concerning their child, they may opt for a joint custody. A child requires the love and support of both the parents and both the parents have certain duties and responsibilities towards the child. In case of a conflict between the two parents, the custody issue may be decided for by a court. A court determines the child custody on the basis of the best interests of the child and does not give any consideration to the age, sex, disability or fault of a parent, while doing so. In extreme cases involving marital abuse, domestic violence, substance abuse or involvement of a parent in a serious crime, the court may resort to the extreme step of depriving a parent of his/her parental rights. A court often takes into consideration, the opinion of a child of sufficient age, while deciding the custody. If the level of conflict between the two parents is low or moderate, they may hire the services of a mediator, to forge a joint parenting plan. In case of litigation, a parent interested in getting the sole custody has to prove his/her virtues as a parent and is required to highlight the deficiencies of the other parent.
Visitation
Visitation determines the amount and nature of the access of a parent to a child, after a divorce. However, the main thing to be kept in mind is that, visitation exists primarily for the benefit of the children, so as to ensure the love and support of both the parents for them, after a divorce. Thus both the parents should try to manage a visitation plan in the true spirit of co-parenting. It involves a lot of adjustment and flexibility on the part of either of the parents, to abide by a successful visitation plan. The non-custodial parent may often experience feelings of guilt and anger, which he/she must try to resolve in a constructive manner. Often the non-custodial parent may miss his/her children badly. A sincere effort should be made by both the parents to adjust to this new life pattern, as soon as possible. A two-household situation may initially prove to be difficult for the children, and all efforts should be made to help the children in coming to terms with this new arrangement. None of the parents should try to blame or malign the other parent before the children. The two parents must try to establish a workable level of communication, so as to ensure a healthy co-parenting environment. Both the parents must try to abide by the visitation plan in a sincere and disciplined manner.
Child Support
Child support pertains to the financial support that a child receives from either or both the parents, in case of a divorce. Child custody is determined on the basis of the needs of a child, the total number of children and the income of both the parents. Child support and visitation are two separate issues, without having any bearing on one another. The custodial parent can not deny the visitation to any parent, if the child support is not paid by him/her. Though there exist stringent legal provisions to enforce child custody decisions. The child custody may be modified by a court, keeping in view, any significant changes in the circumstances of the child or the parents.
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