Divorce is a major ordeal, and parents will often feel especially stressed as they may fear for their parental rights. While child custody is one of the more contentious aspects of most divorces, there are situations where stress and disagreements can be more easily resolved if you are well-informed about this part of your divorce.

What Factors Will Decide Custody Of The Children?

The courts will typically prefer for parents to settle custody on their own without the court having to interfere. However, there are times where the courts intervening will simply be unavoidable due to the parties being unable to come to terms with an agreement. In these instances, the courts will typically look to determine the parent that is best equipped to provide a nurturing environment. Often, people assume that this will refer to income, but the courts will also consider the relationship that the parent has with the child along with any issues the parent may have that would make caring for a child on their own difficult.

Is It Possible For The Parents To Voluntarily Change The Custody Agreement?

Over the course of time, the custody agreement that was signed at the end of the divorce will no longer reflect what is best for the family or the children. In these situations, it may be necessary for the parents to switch custody rights. Fortunately, it is entirely possible for parents to voluntarily swap primary custody rights. However, it is still advisable to work with an attorney when making this change to ensure that your rights are being protected throughout the entire process. Additionally, a family law attorney will be able to effectively prepare the forms and other documents that will need to be filed with the court in order for this change to be finalized and entered into the public record.

What Can Happen If Child Support Is Not being Paid According To The Court Order?

To assist the parent that has full custody of the child, the other parent will likely be required to make child support payments. These payments are designed to help assist with the financial expenses that come with caring for a child on a full-time basis. Sadly, some individuals will attempt to skirt their responsibility to make these payments. If this occurs, the parent that is owed the child support can take action. These can include garnishing wages, seizing assets or even suspending visitation or shared custody until this obligation is met. 

For more information, check out firms like Johnson/Turner Legal.