Separation with Kids: Facts to Have in Mind
When spouses decide to live apart, that is separate, there is always a lot to consider and define in their everyday lifestyles as well as in the life of all family members, especially kids. If you and your spouse would like to keep to individual living, divorce lawyers serving Newmarket, East Gwillimbury, Aurora, Keswick, Bradford and Georgina recommend to get a consultation of a family lawyer on all the related matters, as child custody, access, property rights, any possible financial support of kids or a spouse, debts and many other issues. Here are some basics about separation to consider.
First of all, separation means separate living of spouses for the indefinite time. Separation doesn’t need a legal filing. It won’t automatically lead you to divorce. Spouses can live separately any period of time until one of them would like to remarry.
Family lawyers Bradford say separation can become a legal ground to divorce only if it has been lasting more than one full year, and after this period one of the spouses starts a divorce lawsuit. Either as a plaintiff or if you have just received your divorce papers, you will definitely need a divorce lawyer Bradford to fight for your rights and define your obligations according to the provincial legal acts and procedures.
If you are separated already, it’s better to contact a family lawyer as soonest and find out how to protect your rights under those new life circumstances. A family lawyer in Bradford can help you to negotiate and come to the separation agreement. This contract determines such questions as custody and access for kids, financial aid for kids/spouse, property issues, whatsoever. Such an agreement can be done orally or in writing. However, both family lawyers and divorce lawyers Bradford advise making the contract in the written form. In this case, it would be easier for you and your divorce lawyer go to court and prove right in case your spouse doesn’t follow or even violate the Separation Agreement.
How Can Family Lawyers Bradford Help with Child Custody and Access?
By child custody, family lawyers and divorce lawyers understand the right of parents to determine the basic issues of their child’s life. They include dwelling with one of the parents and access to the other, education, religion, financing, property, etc. Your family lawyer Bradford will always act motivated by the best interest of your children.
As a rule, parents negotiate for a joint or shared custody, divorce lawyers inform. This is the case when spouses are ready to work together when defining the future of their relations with their kids. However, the questions of access and support are solved individually from case to case with the help of the family lawyer and other child-related mediators, like psychologists, for example.
If the parents are not eager to cooperate or there are other circumstances by which one of the parents doesn’t take part in the life of his or her kids fully, divorce lawyers Bradford can recommend you to consider sole or split custody. Your divorce lawyer Bradford will need to prepare much evidence to prove that one of the parents doesn’t fulfill his or her parenting obligations duly to get such a sole custody legal decision.
Besides, if your kids are older than twelve years old, your divorce lawyer will ask them to choose on their own with whom from the parents they would like to stay. This is called a split custody.