Parental Responsibility After Divorce: 5 Things to Know
A divorce may signal the end of a marriage, but parental responsibilities don’t cease with it. Even after a divorce, parents are still responsible for the well-being of their children, including financial support and making decisions for their well-being.
Divorced parents must work together to ensure their children have a stable and healthy upbringing. Below are five things to know about parental responsibilities after a divorce:
1. Legal Custody
Parents generally retain legal custody of their children after divorce. Legal custody only refers to the parent’s right to make decisions about the well-being and upbringing of their child. This includes decisions in healthcare, education, and whether the child can participate in extra-curricular activities like sports and music lessons.
It is unusual for courts to grant legal custody to one parent only. However, it may happen if the other parent is deemed unfit or when there is evidence of domestic violence, abuse, or neglect.
2. Physical Custody
It’s important to note that physical custody is different from legal custody. Physical custody refers to where the child should live. If the divorce is amicable, parents can agree to a joint custody setup wherein they share physical custody of the child and divide their time equally between each other’s homes. However, if the divorce is contentious, a judge may grant one parent sole physical custody to protect the child’s best interests. The other parent—called the noncustodial parent—will be given visitation rights to allow them to maintain a relationship with their child.
3. Visitation Rights
A UK father’s visiting rights are equal to a mother’s. Even though one parent has sole physical custody, this does not mean that the noncustodial parent cannot see or spend time with the child. Noncustodial parents are also entitled to visitation rights, allowing them to bond and forge relationships with their children.
Parents may mutually agree to a visitation schedule, ranging from occasional visits to regular and extended periods with the child. If the parents cannot agree on a visitation schedule, the court may arrange it.
Visitations may also be unsupervised or supervised. Supervised visitation is ordered when there are concerns about the safety and well-being of the child. This happens when the family has a history of domestic abuse or violence.
4. Child Support
Both parents are responsible for supporting their children financially. When parents are divorced, however, courts usually order the noncustodial parent to pay a definite amount of child support each month. In most states, support must be paid until the child is 18 or until they finish college.
Various factors determine the amount of child support. Mainly, the court will look at the financial capacity of the noncustodial parent. The needs and lifestyle of the children before the divorce are also considered. When parents have joint custody over the children, the financial responsibility may be divided equally.
There are many cases where a parent tries to skip or refuses to pay child support. Aside from putting the child in a financially dire situation, failure to pay child support can result in serious legal consequences. Legal action can be taken against the non-paying parent, including wage garnishment and even imprisonment in some cases.
5. Modifications
Changes in circumstances can affect the ability of a parent to perform their responsibility. For example, if your business is not doing well or you suddenly lost your job and can no longer afford to pay child support, you can petition the court to modify the order. The court may grant modifications and reduce the amount of child support. In some cases, the court may provide respite to allow a parent to recover financially.
Visitation orders may also be modified in certain cases. Usually, this may happen if the parent must move away for an employment opportunity or if the kids are moving to a different city or state with the custodial parent.
It’s important to note that modifications must be processed legally. Hence, you need to consult a family lawyer once there are changes in your financial or personal circumstances. Your family lawyer can guide you through the necessary paperwork and court procedures to ensure your proposed modifications are legally binding.
In Summary
Parental responsibilities continue even after the legal dissolution of the marriage. Both parents are responsible for providing emotional and financial support to their children. To ensure parents follow through with such responsibilities, courts can issue orders for the payment of child support and visitation. Physical custody may also be awarded to just one parent if the court deems the other parent is unfit or unable to provide proper and consistent care.
About the Author:
Jessy Henderson previously worked as a legal researcher for a local law firm. Her extensive experience has enabled her to assist professionals with drafting documents and providing general information through legal articles.