What To Expect When Separating From the Parent of Your Children
To separate from your spouse is an emotional experience. It becomes more complex and difficult, however, when kids are involved. Knowing what to expect can help make the process easier. Here is what you need to expect when separating from the other parent of your kids.
Will You Have Custody?
If you plan to leave the family home, can you bring your children with you? If you discuss the situation with your spouse and the two of you agree that it is in the best interests of your children to leave, then you can take your child with you. However, if your spouse does not agree, then you have to have a court order.
If you are leaving a violent situation, however, you may leave in the best interest of your children. You should receive an order of protection as soon as possible to protect yourself and to prevent your spouse from taking legal action against you for removing the children.
Who Will Pay Child Support?
Before you separate from your spouse, try to discuss child custody and child support. If the two of you are in agreement, you can take your decision to court. While the court does not have to grant your preferences, they are more likely to respect your decisions if you came to them fairly. The noncustodial parent is the one who generally pays child support. If you have primary custody, then your spouse is more likely to pay child support.
Will Your Kids Have a Say?
Can your children decide who they want to stay with? If you have older children, you can include them in the conversation. In fact, it can help your kids deal with the separation if they feel as though they have some control over their lives. While you should listen and respect your child’s preferences, you also need to act in his or her best interests. You may have to make compromises or explain why your child cannot have it the way he or she wants to.
When it comes to separation from your spouse or parent of your child, it can be a difficult legal battle. However, if you have discussions in advance with your former partner, you are more likely to settle the issues of child custody and child support early on. Before separation, you should have a family meeting to discuss the changes to your lives.
Learn more about separating from the parents of your children when you make an appointment with a family lawyer in Colorado such as Zweig Law, PC Attorneys at Law who can help you through the process.