Understanding Parental Rights During a Divorce

Going through a divorce can be hard, especially when you have children. One of the most challenging parts is figuring out how to co-parent after the separation. While dividing assets and discussing spousal support can be tough, the decisions regarding parenting are often the most emotional and difficult to handle.

When You Agree on Parenting

It’s always best when both parents can agree on how to handle parenting after a divorce. This can make things less complicated. However, disagreements about parenting time or decision-making can create stressful situations. If you find yourself in this kind of conflict, it’s important to consult with an experienced lawyer who understands family law.

Reaching an Agreement

It’s better to come to an agreement with your ex-spouse about your children’s future rather than letting a judge decide. No one knows your situation and your children better than the two of you. There are different methods like negotiation, mediation, or collaborative family law that can help you work things out. But if you can’t reach an agreement, you can ask the court to make a decision for you. The judge will issue a parenting court order, which lays out who makes decisions about the children and how parenting time is shared.

What is Parenting Time?

Parenting time refers to how much time you spend with your child. As a parent, you have the right to spend time with your child unless a court believes it is not in the child’s best interest. You also have the right to be informed about your child’s health, education, and general well-being. You can arrange flexible parenting time with your ex, but it’s harder to enforce. A written plan in a separation agreement or court order can help make this more official.

Decision-Making Responsibility

In addition to parenting time, you and your ex will need to decide who has the authority to make decisions about the child’s life. This is called decision-making responsibility. It can be shared between both parents, or it can belong to just one parent. If you have sole decision-making responsibility, you don’t need to consult with your ex about decisions. If you share decision-making responsibility, you both have to cooperate and make decisions together. Sometimes, one parent may have the de facto decision-making authority if the children are primarily living with them.

Creating a Parenting Plan

If you and your ex can agree on parenting time and decision-making responsibility, you can create a parenting plan. This plan should clearly outline when each parent will spend time with the children, who will handle major decisions, and how holidays and vacations will be split. You can make the parenting plan part of your separation agreement or court order. If you don’t have a formal plan, it will be hard to enforce if either parent changes their mind.

When Court Involvement Is Necessary

If you can’t agree on parenting and go to court, a judge will make decisions in the best interest of your child. The judge might ask for reports or evaluations from professionals like social workers or psychologists. The court will consider the child’s living arrangements, past family conflicts, and other important factors before issuing a final decision.

At Kalia Law, we’re here to help answer your questions and support you during this difficult time. Contact us today for guidance on creating a parenting plan that works best for you and your children.