This is part number two of our segment on answering our users frequently asked questions on divorce. If you missed our first segment you can find it here. We will post our final segment soon.
Divorce FAQ #5: How does living arrangements work with Joint Custody?
There really two options. You live with one parent and visit the other. Or…your parents switch who takes you. It really depends on your parents agreement, but some situations have a child with one parent one week and another parent the next week. Or one parent has all weekends and the other has weed days. Others have every certain seasons and holidays with one parent and other holidays with another it all depends on your parents agreement. However, the court will likely give weight to whichever parent lives closest to your current school, or your current extracurricular activities, and possibly the relative closeness of other relatives.
Divorce FAQ #6:Will I Still Live With My Siblings?
Each family has its own needs, but a majority of the time, courts and parents keep siblings together. Your parents divorce attorney’s will be able to give you a better rendering of exactly what will likely occur.
Divorce FAQ #7: Can One Of My Parent’s Stop My Other Parent From Visiting Me?
No. The only reason would be for your safety, or because of the guidelines by the court. A parent can not prevent another parent that is acting in good faith and has the appropriate custody and privilege from the court to not appropriately visit. If you feel there is some violation have the non violating parent contact their family law attorney immediately.
Divorce FAQ #8: What if I Don’t Want To See One of My Parents?
If you are in a situation where you do not want to see one of your parents, you need to tell one of your parents the reasoning and why or if your parents divorce attorney’s let you be present during negotiation you bring up the topic. You can always talk to a relative or family friend as well if you would like as well.
Divorce FAQ #9: What Happens If One of My Parent ‘s Keeps Me Longer Than They Are Allowed to Without Permission From the Other Parent?
This is not allowed without some form of agreement or permission from both parents. Even if you yourself want to stay with that parent for longer than that period you cannot do so without the permission of the other parent, if that other parent has rightful custody rights. Your parent might have the ability to keep you if returning you to the other parent would create a dangerous situation or a risk to your safety.
Divorce FAQ #10: If my parents can come to an agreement and go to court what happens to me?
Sometimes a court will decide that a child may need their own lawyer to make sure your interests are protected. Don’t worry you’re not paying for them, so your piggy bank is safe. With that said however, your lawyer’s job will be to protect the legal interests of you and/or your siblings. If your parents can still not agree to terms, the court will hear your interests and will then make a final decision based on all the evidence.
Our Final Segment is here.
