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CONSEQUENCES OF DIVORCE: CHILDREN CARE & ACCESS RIGHTS

When considering divorce, it is important to consider the common implications, such as financial and legal. The financial circumstances for you and your previous partner will likely change. Precisely, Right Lawyers can help you conclude an agreement on the consequences of divorce or an agreement on the consequences of divorce with your spouse. The following needs to be clarified in detail:

PRELIMINARY REMARK:

Certain requirements must be met for a separation, divorce lawyer Las Vegas may help you in this matter. According to American law, a marriage can be divorced if both the partners are failed. When the community or the relatives could not play their roles in resolving the disputes or settle the matters, divorce becomes more prone to happen. The court checks whether the marriage has failed. The fact that the partner

  • Live apart for a year and both the partners agree for divorce or
  • Live three years apart, regardless of one of the partners is not agreed for divorce.

Essentially, these are the requirements for divorce. The main purpose of these periods of separation is to offset frivolous and hasty divorce verdicts. Partners do not live together since one of them moves out. The domestic community does not exist any longer if the partners have separate household. For instance, spouses cook separately and do not sleep on a single bed. If a marriage doesn’t last, there are hardship cases where family court can reject a divorce, for example

  • If it is important to retain the marriage in the interest of minor children; this is one of the special cases where family court is likely to reject the divorce.
  • If the divorce case presented is a hardship for a partner for exceptional situations.

In practice, however, these are some rare cases.

MAINTENANCE FOR CHILDREN:

Children are still required to provide maintenance after a divorce. The person with whom the child lives fulfills his / her duties through daily care and upbringing. The other parent has to make payments based on their income and the needs of the child. In court practice, the amount of reasonable maintenance is based on the so-called table talk. Country-specific conditions are taken into account in the guidelines of the higher regional courts. The starting points for the maintenance calculation are, on the one hand, the age groups of the children. On the other hand, the net income of those liable for maintenance, the starting value is up to $ 2,500 per month. Based on this, percentage surcharges are made in the table for a higher income. The standardization of the minimum maintenance means that the “table-talk” as a guideline for the calculation of maintenance can now be used for all of Germany according to the corresponding agreements of the higher regional courts, the previously existing special tables (e.g. the Berlin table for the new federal states) are only relevant for the calculation of maintenance arrears that accrued before the amendment came into force.

If one of the parents does not meet the existing maintenance obligations, this should not be done at the expense of the child. Therefore, an advance maintenance payment can be granted from public funds for children up to the age of 12.

If the parents agree on the payment, the person liable for maintenance must officially declare that they are willing to pay. The voluntary obligation must be documented at the youth welfare office. The parent who has to pay maintenance (the so-called maintenance debtor) can have an enforceable maintenance title drawn up free of charge at the local youth welfare office. Before going to court about the maintenance, it makes sense to ask the maintenance debtor to have such a document drawn up at the youth welfare office.

If there is no agreement, the longer and costly legal process of maintenance proceedings remains. The application for the judicial determination of child support can be submitted by the custodial parent with whom the child lives, or the person or body who legally represents the child. The application is made either in the child’s own name as long as the parents are married to one another, or in the child’s name as the child’s legal representative. A lawyer is required. You can also have the maintenance for children and spouses calculated online here. There is also a maintenance calculator on this website.

CHILDREN CARE:

Regardless of divorce and separation, the necessarily duty of care for the children remains at its place. Even the spouses decide to end up the relationship, their responsibility as parents still persists and both are responsible for children’s education. For instance, parental custody also comprises of the management of the child’s property. In case, the parents decide for joint custody, the court does not need to make a decision.

If a child is the victim of domestic abuse or neglect, the juvenile welfare office or one of the parents can petition the family court for custody restrictions. The parents’ custody might be taken away by the family court and transferred to another individual or the youth welfare office. When children are ignored and neglected, when parents fail to satisfy their children’s basic requirements for clothes, food, and hygiene, or when they fail to perform their responsibility of supervision and care, as well as when one parent abuses or abuses children, there is a specific cause for this. If children are at danger of being neglected, the family court must act quickly to find a remedy. The motivation for this is generally provided by the youth welfare agency, or family and neighbors who approach the court. The family court can thus ex officio revoke the custody of the parents or one of the parents in whole or in part, even without an application. Only if the kid is in grave physical, mental, or emotional danger may the family court make this judgement. If the parents can be demonstrated to be willing and capable of averting the hazards themselves, they are given the chance to do so. The same is true of the legislation governing the determination of a person’s home, which is a unique feature of custody: If the juvenile welfare office is required to care for youngsters without the agreement of their parents.

Whether the parents are married or not, if they are permanently separated, the family court can transfer parental responsibility or a portion of it to the mother or the father upon request. This does not necessitate the initiation of divorce procedures.

If the parents’ marriage case is in court, the family court dealing with it is also responsible for the custody proceedings. Going to the family court should be the last step. It is better to find a mutually agreeable solution from the outset. The youth welfare office is at your side.

If both parents agree, the family court will usually allow an application for custody transfer. Children disagree from time to time, and the court must constantly consider this. A decision can also be appealed by young persons aged 14 and up. If the two parties are unable to reach an agreement, the family court will determine which rules are in the best interests of the child. Only a portion of the concern is moved to the other if necessary. It’s possible that mother and father might disagree on who the child should live with, but they’d be ready to reach an agreement on everything else. In severe situations, the court may order the parents’ powers to be further encroached upon. It is possible to order instructional tools, for example. During a divorce, there are frequently disagreements regarding who the kid should live with. The right to select residence as part of custody might be decided independently by the court.

ACCESS RIGHTS:

The parent with whom the child spends the most of his or her time has the authority to make all daily decisions. On topics of great importance to the child, the parents must reach an agreement among themselves. If you are unable to secure suitable contact arrangements for your kid, you should call the juvenile welfare office first. There, knowledgeable personnel will provide you guidance and assistance. Both the mother and the father, on the other hand, can petition to the family court for exclusive custody of their children. Even though a child often only lives with one parent following a divorce, they have the right to see and spend time with the other parent. The family court can restrict or deny a parent’s or a third party’s right of access only if it is essential for the child’s well-being.

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