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What Happens to the Children Separated from Parents Thru Divorce

Written by Lora Davis

Topic: Legal ServicesPublished September 5, 2017
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Although for many people one of the most important and happy days of their lives is the day of marriage, there are times when the happiness that was felt that day is behind when something begins to go wrong in the relationship. When this situation reaches an insurmountable point where reconciliations are increasingly difficult, a situation of no return can be reached: the divorce.

In many divorce cases, before reaching that point, there may be a prior separation of the couple. The main difference between the two processes is that in the separation there is an interruption of coexistence and cessation of some marital duties, although the bond generated by the marriage does not dissolve, whereas in divorce cases it does.

When a couple takes the step of considering divorce, if there is something truly important is to reach an agreement as far as the children are conce
ed. For the mental health of the children, the couple must reach an agreement regarding the upbringing and education of their children, determining which of the two will take care of their custody, for that are the Child protection lawyers.

Different types of custody of children can be determined, some with parental agreement and Child Protection lawyers help, while at other times it is the judge who determines the type of custody applicable.

In general, there are three types of custody of children after divorce:

  • Sole custody: it is given when custody falls exclusively on one of the parents, although the other parent will be entitled to a system of visits, free or supervised (depending on the reason for the divorce). Usually, this type of custody is usually given to the mother, especially during the first years of the child's life.
  • Shared custody: This is perhaps the fairest type of custody since all responsibility for the children falls on both parents equally. Both will have the same right to the care of the children, their education and all decisions regarding these. Likewise, they will have the right to enjoy their children during the same time, being necessary that these spend at least 110 days a year with each parent so that it can be considered shared custody. This type of custody regime usually occurs especially in parents who continue to have a good relationship during and after their divorce. The time that the children spend with each of the parents can be freely determined, for example, spending fifteen days a month with each one of the parents. In addition, they can spend a full month with each of the parents during the summer holidays and half of the holiday periods of Christmas, spring break, and Thanksgiving.
  • Divided custody: It is given when there is more than one child and each parent takes care of the custody of one of them. This type of custody is seldom given, as it can be harmful to children when brothers are separated.

Undoubtedly, regardless of the type of custody chosen, both the parents in the process of divorce and the judge who can take the case, must at all times think of the child's well-being, especially the smaller ones, since in the end and at the are often the most disadvantaged and suffer most during this process.

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If you are looking for divorce cases or Child Protection lawyers then call to Schreier & Housewirth Family Law at (817) 923-9999