What is a Divorce vs Annulment?

A divorce declares the end of a marriage and declares the spouses to be single again. An annulment nullifies the marriage as if the marriage never took place.

What factors are considered in child custody determinations?

The court always looks to do what is in the child’s best interests. When determining custody, the judge considers multiple factors such as the child’s relationship with each parent, the parent’s ability to provide a stable environment, the role each parent played in the daily care of the child, the ability of each parent to care for the needs of the child, the location of each parent, and the ability of the parents to communicate and co-parent, to name a few.

What is joint custody?

Joint custody is where both parents have a custodial arrangement to consult each other when making major decisions involving their children. This can include decisions about education, healthcare, and religious upbringing. It comes in two forms: joint legal custody (decision-making authority) and joint physical custody (shared physical time with the child).

What is sole custody?

Sole custody is when one parent has full physical and legal custody of their child. The other parent may still have parenting time rights and the custodial parent does not have to consult the non-custodial parent about major life decision and/or has final decision making authority on issues relative to the child.

What is grandparent visitation?

Grandparent visitation refers to the legal right of grandparents to spend time with their grandchildren. Grandparents may seek visitation rights when parents are divorced, separated, or if one or both parents are deceased.

When can grandparents seek visitation rights?

The circumstances in which grandparents can seek visitation rights vary by jurisdiction. In general, grandparents can seek visitation rights if it is in the best interest of the child and the court determines the child’s relationship with them is significant and beneficial.

Can grandparents seek custody of their grandchildren?

Yes, under certain circumstances grandparents may seek custody of their grandchildren through a guardianship petition.. This is generally possible when the child’s parents are deemed unfit or unable to provide for their child.

What is the role of mediation in divorce and child custody cases?

Mediation is a process where a neutral third party helps divorcing couples or parents in a child custody dispute come to a mutually agreed upon resolution. Mediation can be an effective tool for resolving conflicts and making decisions regarding child custody and visitation without the need to go to work.

What is a parenting plan?

A parenting plan is a written agreement between parents regarding custodial rights and visitation arrangements for a child after the divorce or separation of the parents. It includes details such as decision-making responsibilities, visitation schedules, and how disputes will be resolved.