Who Handles Medical Decisions for Kids After Divorce?
Important child custody issues are typically determined via divorce mediation or by the judge in your child custody case in Owings Mills , or anywhere in the Baltimore metro region. The parent that has been awarded legal custody of the child makes decisions regarding healthcare and medical procedures. Legal custody is different from physical custody, which determines which parent a child will live with on a day-to-day basis. Legal custody determines which parent will make long-term decisions about a child’s upbringing and welfare, such as medical decisions.
In most cases, the court will award parents joint legal custody of the child. This means that both parents will have to consult with each other about medical decisions and medical care. If they are unable to reach an agreement regarding medical decisions, they may need to attend divorce mediation or a court hearing before a judge.
A judge may aware sole legal custody to one parent, allowing that parent sole control over medical decisions made for the child. This typically only occurs if the other parent is determined to be unfit to make important decisions. This may be due to a physical or mental illness, drug or alcohol addiction, or past abuse.
Options for Enforcing Child Custody Decisions
A divorce lawyer can help you handle complex child custody issues in Owings Mills , or anywhere in the Baltimore metro region, particularly when you are going through a contentious divorce. Whether you have a formal court order outlining your child custody agreement, or just a verbal agreement with your ex-spouse regarding child custody, there is no guarantee that your ex will adhere to the arrangement. Here are some of your options for enforcing child custody decisions.
What to Do When Your Ex Prevents Visitation
If you have a formal child custody order through the court, you and your ex-spouse are required to follow it to the letter. If your ex denies you visitation with your child on a day or date that you were awarded visitation through a child custody order, you may pursue legal remedies. If the situation occurs repeatedly, you should consult your family law attorney as soon as possible. He may need to send your ex-spouse a formal letter, or file a hearing request with the court. Some courts require partners to attend divorce mediation prior to scheduling a child custody hearing.
When You Should Call the Police
You should only involve the police in child custody issues if you fear for your child’s safety or welfare. You should not contact the police if your ex-spouse refuses visitation, or is late dropping your child off after visitation. You should contact the police if you suspect that your child is being abused, or if you believe your ex-spouse is not providing a safe environment for your child. You should also contact the police if you believe that your ex-spouse has taken your child out of the state or country without your permission.
When You Should Modify a Child Custody Order
A child custody order can be modified if one parent’s circumstances change, and the parent requests more or less visitation time with the child. This will almost always result in a modified child support order as well. You must also modify a child custody order if a parent plans on moving out of the state or country.
Financial Tips for Seniors Facing Divorce
Navigating divorce laws in Owings Mills is never easy, particularly if you are a senior. When you go through a divorce and one or both partners are retired, it can be difficult to determine financial obligations and responsibilities. If you are going through a divorce over the age of 50, it is crucial that you hire an experienced divorce lawyer who can help you reach an appropriate financial settlement.
Watch this video for some valuable financial tips for seniors who are facing divorce. Ken Moraif of Money Matters discusses the key financial elements you must consider throughout your divorce proceedings.
Advice for Negotiating Alimony Settlements
If you’re going through a divorce, you may need to discuss alimony laws in Owings Mills , or anywhere in the Baltimore metro region, with your divorce lawyer. Alimony is typically awarded based upon the financial resources of each partner, including assets, income, expenses, benefits, and bonuses. Here is some advice for negotiating an alimony settlement during your divorce proceedings.
Evaluate Your Spouse’s Resources
The judge presiding over your divorce case will use financial records to determine how much alimony you should be awarded. Even in an uncontested divorce, you and your spouse will need to file financial affidavits with the court that detail your financial resources and expenses. These affidavits will determine both your spouse’s ability to pay, and your own financial needs. These affidavits should detail you and your spouse’s separate assets, your individual monthly income and expenses, and any regular bonuses, benefits, or overtime wages that either of you receive. They should also include an itemization of money that is in stock portfolios, IRA accounts, and any other savings or investment accounts that either of you hold.
Evaluate Your Needs and Expenses
You and your divorce lawyer will then need to evaluate your personal needs and anticipated expenses. You should look at the difference between your monthly income and your monthly expenses, and then compare it to the financial resources that you have, and your spouse’s financial resources. There is no standard formula used in alimony negotiations to determine the appropriate amount of alimony that should be awarded. Your divorce lawyer will just have to ask for the amount that you believe you will need in order to meet your expenses.
Consider Your Child Support Award
Child support orders are separate from alimony orders, but you should still consider your childcare expenses when negotiating alimony. You cannot include child support expenses in your alimony request. Instead, you should factor in the additional monetary support you will receive for child support in an effort to ensure your alimony request is fair. Your spouse cannot reduce the amount of child support that he pays in order to increase your alimony award, however.
Defining Legal Custody
If you’re going through a divorce and are concerned about child custody in Owings Mills , or anywhere in the Baltimore metro region, you should hire an experienced family law attorney. He can help you understand child custody laws, request a child custody arrangement, and negotiate child support payments. Child custody is a legal arrangement involving the rights that each parent is awarded regarding the child’s physical and mental care.
There are two different types of child custody that can be awarded to a parent: physical custody, and legal custody. Physical custody is the determination of where a child lives on a day-to-day basis. Physical custody can be joint custody or sole custody, depending upon the results of divorce mediation or a judge’s order. Legal custody concerns the right of a parent to make long-term decisions about a child’s well-being and upbringing.
Legal custody allows a parent to make major decisions regarding religious education, choice of schools, cultural education, extracurricular activities, and health care. Legal custody is typically awarded to both parents, unless one parent is determined to be unfit or incapable of making these decisions. Joint legal custody requires that the parents consult with each other and reach agreements regarding the child’s upbringing and welfare.
A Look at the Issues Surrounding Passports and Child Custody
When you go through a divorce, your divorce lawyer will help you navigate complex child custody issues and child custody laws in Owings Mills or anywhere in Maryland. For instance, if you or your ex-spouse wants to travel out of the country with your child, there may be restrictions or special guidelines regarding getting a passport for your child. Here is a look at the issues surrounding passports and child custody laws.
How to Get a Passport for a Child After a Divorce
Both parents need to provide signatures in order to apply for and obtain a passport for a child, regardless of whether the parents are married, divorced, separated, or were never married. The only exception to this rule is if you were granted sole child custody after your divorce or legal separation. You can also obtain a passport with only one parent’s signature if the passport is required to maintain the health or welfare of your child, or if there are special family circumstances that require travel. In these circumstances, your family law attorney would have to secure a court order.
What to Do if You Object to Your Child Traveling with Your Ex-Spouse
If your ex-spouse asks you to sign a passport application and you object to your child traveling with him or her, you can refuse to sign. Your ex-spouse can ask his divorce lawyer to petition the court to order you to sign the application. You can advise the court if you’re concerned that your ex will abduct your child.
How to Set Up a Passport Alert
If your child already has a passport and you’re concerned that your ex-spouse will take your child out of the country, you can set up a passport alert. You will need to register with the Children’s Passport Issuance Alert System. Once you register your child, a passport cannot be issued unless you are contacted first. You will be alerted if a new passport is issued or if an old one is renewed, even if you don’t have sole child custody.
Finding Out if a Divorce is Final
If you aren’t sure if there has been a final decree issued in your divorce case or divorce mediation in Owings Mills , or anywhere in the Baltimore metro region, you should contact your divorce lawyer. Your divorce lawyer will be mailed an official copy of your divorce decree or divorce mediation agreement as soon as it is entered by the court. You can also call the court record’s department to check on the status of your case, or look up your court case online.
Watch this video for more tips on how to find out if a divorce has been finalized. Robert Todd, an experienced family law attorney, walks you through the steps of checking on the status of your divorce decree.
Tips for Preparing Emotionally for Divorce
If you are considering legal separation or divorce in Owings Mills , or anywhere in the Baltimore metro region, you should consult with an experienced divorce lawyer in your area. Divorce laws are complicated, especially if there are child custody issues in consideration, and a divorce lawyer can make the process less stressful and emotional for you. Here are some helpful tips for preparing emotionally for divorce.
Don’t Obsess Over Winning Your Divorce Case
When couples begin divorce proceedings, they are often very concerned with “winning” their divorce case. In general, divorce cases involve issues of child custody, dividing assets and liabilities, and negotiating child support. It is rare that one party will get everything that he or she wants in a divorce order or child custody order. Instead of obsessing over trying to make every aspect of your divorce or child custody case go your way, you should make an attempt at divorce mediation, or discuss the possibility of an uncontested divorce with your partner.
Be Familiar with Child Custody Laws
One of the most stressful and emotional aspects of any divorce is navigating child custody issues. You can minimize your stress by consulting with a family law attorney who is experienced in child custody laws. Your divorce lawyer should carefully explain the state and federal child custody laws so that you know what to expect and won’t experience any surprises. Divorce mediation can be very helpful when dealing with complex child custody issues, and will make it easier for you and your spouse to agree upon child support and visitation. You can also seek support from a professional counselor to deal with stress you might experience.
Begin Preparing for Your Future
You will feel much more in control during your divorce proceedings if you immediately begin preparing for your future. It might be difficult, but you should avoid focusing on past mistakes, and instead construct a viable plan for your future. Make good faith attempts to work with your spouse on reaching mutually beneficial agreements regarding child custody issues and property division rather than contesting everything throughout the divorce proceedings.
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