When it comes to the separation of two parents, the timesharing of the child and their new living situation is the most important thing to consider. It can be difficult for parents to understand the judgment of a court, but knowing a little bit about the factors the court is to consider during the decision-making process can help. So, what does it mean when the judge makes a determination for the best interest of the child, keep reading to find out.
What Does the Best Interest of the Child Mean in a Dispute over Timesharing with a Child?
When it comes to determining who is going to have timesharing of a child after a split, the judge is always going to do what is best for the child rather than what is best for the parents. This means they are going to take a few different things into consideration when making their determination. They will look at which parent is going to be able to financially support the child, who is going to be able to emotionally support the child, and which parent is going to be able to provide a life as similar as possible to the situation that they had before the parties’ split.
The reason for this is that it is the goal of the court to ensure that the child is not going to have a life that is less than what they had prior to the parties’ split. The child should not have to live in a home that is not the same or better quality; they should not have to give up sports or after-school activities as a result of money; and they should not have to lower their standard of living as a result of the parties’ split.
Timesharing versus Parental Responsibility
Parties typically find themselves fighting over timesharing with a child and how parental responsibility for that child will be divided amongst themselves after they separate. Timesharing involved the physical location the child will spend time with each parent throughout the year on a regular basis.This is going to include who is going to have the child the majority of the time and what days the other parent is going to be able to see the child. Parental responsibility includes how decisions effecting the child’s upbringing will be. decided – jointly by both parents or only by one parent. Decisions to be made include medical, educational, and religious decisions as to how to raise a child.
It is important that if you are going through a divorce or a separation, you take the time to get a lawyer to help you through the entire process. Child related issues in legal proceeding become very complex quickly. With the help of a great attorney, you can get your timesharing agreement situated and ensure your child is taken care of.
Categorised in: Child Custody