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Children and Divorce
This category covers questions concerning the emotional effects of divorce on children, as well as the best way for parents to make the divorce easier on the kids. It also covers different family problems children and parents face when dealing with the divorce of parents, and how to deal with them.
379 Questions
If a parent does not exercise his visitation rights what happens?
You go to the court and file a violation of a court order. You will both be served the petition and have to go back to court and that's when you explain to the judge he hasn't been showing, and the judge will deal with the situation on the assigned court date.
Does divorce distroy children?
The situations that lead to divorce are always very bad for kids. (The divorce itself is the secondary thing). Parents treating each other without respect, having no value for the family, working each other down psychologically, arguing and fighting endlessly -- these all leave imprints on the kids that last a generation or more. If the two people you value and trust most in the world cannot preserve a trusting family relationship, that leaves the child with a legacy of mistrust, fear of bonding with another person, a feeling of dread that all good things end.
The divorce itself cements in the damage done by the situation that preceded it. Courts and lawyers and supervised visits and unaccompanied minor trips on airplanes and sniping by parents at the absent former partner all break down a child's ability to ever have a positive loving relationship.
Further, in the 10 years after the divorce, while men have typically had time to rebound economically, women and children of divorce average 2 socio-economic steps lower. That's right - divorce is most likely a ticket to long term financial crisis and limits for children.
So ... divorce to get away from a dangerous felon ... good for the child.
Divorce for almost any other reason ... very bad for the child.
Read Judith Wallerstein's Unexpected Legacy of Divorce to learn more. See related links below.
Do you have to be divorced to get child support?
No. Parents have a legal obligation to care for their children, and that certainly includes financial support. If one parent leaves the household and stops acting as the custodial guardian of their children, the custodial parent can file for child support, regardless of marital status.
With that said, laws vary greatly from state to state, and if you’re considering a child support case, you should speak with your attorney to make sure you understand your rights and obligations. This is especially important if you’re planning on sharing custody of your child or children with your ex-partner.
With that said, here are a few important things to keep in mind. Note that this is an overview, and no part of this answer is intended as legal advice.
- Parents can file for child support as soon as it is necessary. The party with custody of the child (or children) is entitled to reasonable support from the non-custodial parent. To receive that support, they must file with a state child support agency.
Contacting a state agency is often a fairly simple process, and for the most part, the agency handles much of the legwork. In Illinois, for instance, the Department of Healthcare and Family Services will search for the non-custodial parent, establish paternity, and obtain and enforce the child support order. The custodial parent simply needs to complete an online application form.
Note that child support is typically prospective. That means that it’s not retroactive to the date it was issued—the sooner the custodial parent files, the sooner they can receive reasonable child support. For most custodial parents, the safest course of action is to apply for child support right away (but, again, consult an attorney). - If parents share custody, the situation can be more complicated. A court will typically determine child support based on income disparity between the partners, parenting time schedules, and other factors. If, for example, both parents have similar incomes and they spend a similar amount of time with the child, the court might not grant child support to either of them.
If you don’t have information about the other parent’s income, don’t worry—the court will request that information and make a fair determination. - A divorce or separation does not change parents' obligations. However, the final terms of a divorce may change child support amounts. For instance, the divorce court may make important determinations for custody and visitation.
As such, a court may grant a temporary child support order (a 'pendente lite" order) while a divorce or custody case proceeds. Custodial parents may have to file a pendente lite motion to receive this type of child support order.
Child support payments can also change if either parents' financial circumstances change. This is typically accomplished by a Motion to Modify Child Support Order. When considering a temporary or permanent child support modification, courts evaluate changes in parental income, marital status, and the child’s financial need. - The other parent’s visitation rights are not affected by child support payments. In other words, you can't prevent the other parent from visiting the child because they haven’t made child support payments on time.
To file for child support, look up the requirements for your state. Many states have online applications to make the process easier.
If you'd prefer not to apply online, contact a child support agency in your area. Be prepared to provide relevant documentation supporting your claim, and remember, if you're involved in a custody dispute or divorce, you should seek advice from a qualified attorney working in your state where the divorce has been filed.
What are the Duties of a mother to children?
the duties is that a mother must always be the for the child and make sure he child is at a good stage or health
ANSWER 2:
The above answer is a good summary but i don't think that's what the person asking this question would need since its too vague and they can always be there for the child yet not knowing his/her need. From my winter class in development, I've learned that there are quite a lot of things that a mother needs to do for her child.
One thing is to encourage language growth and this can be done by:
-speaking to her child frequently
- naming objects of children's attention (associating words like calm, annoying to certain things)
- Using speech that is more grammatically sophisticated = a lot of parents like baby talking to their children, but this action should be discouraged since by doing so it will delay development of the children's sophisticated speech. what they will learn instead of proper speech is making funny sounding sounds like boo boo dada, etc. Instead of getting them out of that phase it really just delays them from moving on.
- reading to them stories
- encouraging watching programs with emphasis on learning new words = just leaving them in front of the television is not a good idea however. Just schedule a specific amount of time to let them watch per week. Recommendations for tv shows would be shows like sesame street that really puts emphasis on language and shows like Dora the explorer which encourages the viewers to participate.
This addition that i did is still but a small fraction of the duties of a mother and really just applies to babies up to young kids but is restricted to only the language growth part. There are still more additions to this if the aim is to really say all the duties of a mother to a children but ill leave that to others to add since ill be writing pages if i even try to list all of it. Not to mention, living is a life of learning, and no matter how much study i do, i would never in my life reach the point that ill know it all.
Is there legal aid for low income single fathers?
Yes, there is legal aid for low income fathers and mothers. The Legal Aid Foundation offers free or income adjusted legal aid for a variety of people.
Why wouldn't a husband file for divorce after a long separation and a bad breakup?
Usually because they are stingy and lazy and are expecting you to do it! It happened to me and believe me when I say I ran with the ball he tossed over and got a lawyer. I played a real sneaky on him. I went to my lawyer, so my husband had to get one. The divorce should have been easy as there were no children or property involved, but he was just miserable. He was going to give evidence so the divorce would be quick, but he would back out all the time. He was the one cheating! Finally I told my lawyer to phone his and tell him that if he didn't settle this divorce quickly and if he didn't stop blaming me (expecting me to pick up the tab for the divorce) that I would contest the divorce in court. This would have made him wait 3 years or more to ever marry and his mistress was putting pressure on him for the divorce to be finalized. He was livid and had to pay for the divorce. After all he put me through it made me feel darn good! We both moved on and yes, he did marry his mistress. Might be too much hassle. If it's in CA his ex wife will get half of whatever they own together. It is also VERY costly with lawyer fees and time off work to go to court dates etc. Most men stay married (even though they no longer have ties to the ex), but go on living their lives as single men. It might be that's the case, and if it was really that ugly of a seperation, he has no intentions of ever getting married again.
How long does it take for a child to be considered abandoned by his parent?
The mere act of a child residing with someone other than the parent or legal guardian does not constitute abandonment. Abandonment is legally defined as the act of leaving a person without the necessities of life (food, shelter, lack of financial means, etc.) when it pertains to a child it is usually considered endangement. If the adult allows the child to reside in their home without attempting to resolve the situation by contacting the parents or authorities the law will presume the adult caregiver consented to the arrangement. The law generally considers temporary custody as (3 months or less) and there not being a necessity of a court order. That is with the assumption that the parents of the minor have consented to the arrangement. Any adult who allows a minor child to reside in their home without the knowledge and/or consent of the parents can be subject to civil and criminal penalties. I
How does divorce affect children socially?
Briefly:
Divorced women are four times more likely to live below the poverty line. It is not uncommon for a man's standard of living to rise after a divorce, although the present recession is having a serious impact on both men and women.
Divorce impacts every aspect of a child's life. In many cases the parents are more concerned with fighting and competition and completely ignore its effect on the children. The family life disintegrates, if there ever was one, and the children now must spend time between two households, sharing them and their parents with a parade of new partners. There is never enough money, the quality of life diminishes, single parents face a high degree of stress and may not have much time to spend quality time with the children. Ignorant and unwilling-to-compromise parents exacerbate the situation. Child discipline often falls behind and the children may spend more time unattended. That can lead to long term damage in the situations where children act out as a way of expressing their anger and anxiety over their drastic change in circumstances. Problems of delinquency can develop. Depression is often a factor and often goes untreated. All these factors can lead to an inability to pay attention in school.
Women are still most often the custodial parent and fathers most often regain their single life style. The day to day care of the children falls to the mother. In many cases, she must now run a household (clean, prepare meals, shop, pay bill), care for the children (school, doctors appointments, arrange child care) and work outside the home, with no help from the other parent. The parent who must pay child support resents it and often falls behind somehow believing that they should not be required to continue to support their children financially since they are no longer married to the other parent. It is estimated that only half of child support ordered by courts is paid and only half of that is paid in full. The difficulty of actually collecting court ordered child support payments has a terrible impact of the quality of life for mothers and children. They do without.
It takes an extraordinary amount of work, self discipline, self education and self sacrifice to maintain a stable, well managed home life after divorce. The good thing is that it can be done.
Divorcing an illegal immigrant with children involved?
The legal rights for illegal immigrant divorce is same as that for any U.S. citizen. According to the fifth and fourth Amendment of Constitution, it guarantees equal protection under the law.
How old does a child have to be to stop visitation with noncustodial parent in Washington?
You have to be 18 unless the parents agree to it.
How long must a person wait after separation to file for divorce in Florida?
Texas Family Code: § 6.801. REMARRIAGE. (a) Except as otherwise provided
by this subchapter, neither party to a divorce may marry a third
party before the 31st day after the date the divorce is decreed.
(b) The former spouses may marry each other at any time.
The effects of broken homes on children are traumatic. Broken homes can cause children to question their self-worth, to experience unnecessary grief, guilt and/or confusion. Young children especially, have difficulty understanding the rationalities of their parents' decisions to divorce. All they know is that their parents used to live together and now they don't, used to "love" each other and now they don't. Children often take responsibility for parents' decisions to divorce. They conclude that they were the cause of the quarrels and ensuing divorce. They question whether or not their parents love them or are mad at them. It is so important for children to have a stable home life. In a broken home it is difficult for children to find a sense of security because experience shows them that what seemed stable and good fell to pieces and left them feeling empty, yet full of questions. Growing up in a broken home may also cause children to have difficulty in future relationships and cause them to struggle with the issue of trust. People who grew up in broken homes and get married are also more likely to end up divorced because their parents didn't provide a healthy model of marriage. They saw parents end disputes with divorce rather than working through them together. They may run from commitment or avoid relationships all together. They may also develop a emotion of fear toward marriage because they do not want to relive the grief they experienced as a child, nor do they want to have children and risk putting them through the same hurtful circumstances.
What age can a child decide what parent to live with in Wisconsin?
Only Texas has that law, but with significant restrictions. In all other states, it's a case by case basis, with the Judge interpreting the maturity of the child, and their intent, but this still does not override other evidence in the child's best interest. It's just a piece of the evidence.
see links below for additional info
Be sure that his ex wife is indeed neglectful of the children because otherwise it's a rotten thing to do. Sometimes ex's are bitter towards each other and will fight over who gets custody of the children. Be sure that shared custody isn't the best thing because the children only see your fiance as "dad" and his ex wife as "mom". Children are usually the ones hurt in this process. If indeed she is negligent then he can call "Child Welfare" (that's what we call it in Canada) to evaluate the situation, or retain a lawyer to prove beyond a doubt she is indeed negligent with the children. This is touchy because you don't know everything that went on with your fiance and his ex. It's important that he is taking this action for all the right reasons. What may be the father's outlook on what neglect is, may not be so. Remember, you will be involved in this as well because if he gets full custody you'll be helping to look after those children too and it's going to be one tough job and extremely hard on you because you'll be taking the place of their biological mother. Most children don't take kindly to having their mother or father replaced.
Good luckMarcy
In the U.S. states differ in the legal definition of what is considered neglect of minor children. Therefore, the best course of action in instances where there is no documented history of physical abuse, would be to request the state's department of social services to investigate the home environment.
Please be advised, judges do not look favorably upon parents who make false allegations in the attempt to gain custody of children or to "get even" with an ex spouse.
What is the legal age in North Carolina for a minor to choose which parent they want to live with?
At any age the child can make his/her wishes known to the Court. Until the child is emancipated, it is up to the Court to decide with whom he/she will reside. Although the Court takes the wishes of the child strongly into consideration, it is still the Court's discretion. Many people believe that at the age of 14 a child can pick a parent, but that's not factual. It is completely at the discretion of the Court.
AnswerA child is free to make that decision only after they reach eighteen years of age. Under eighteen years of age the child gets to decide if all the interested parties are in agreement. The agreement can form the basis for modification of the custody order.
If the parties do not agree then it will be up to a judge. The judge will consider a child's request but is not required to hear it nor obligated to honor it. The judge will render a decision that she/he has determined to be in the child's best interest. Judges consider a wide array of factors since children and parents who disagree over this issue are viewing it emotionally rather than rationally. You can read more at the related link.
Can the courts force a child to vist a non custodial parent?
No one can "force" you to visit your child, although refusing visitation would likely have negative consequences like the loss of visitation rights in the future and the loss of parental rights as far as decision-making (also the loss of the love of your child!!!). Refusing visitation will not reduce or eliminate your child support obligations; in fact, the custodial parent would have a much stronger case if they requested an increase in support and could show the judge that you are not contributing in other ways to the child's well-being.
What can you do if ex wife turns kids against you?
well when my father was getting a divorce he wanted my little brother and my step mom wanted him two and she did the same thing your wife did and if you ever get in an argument over seeing your kids and they are standing right there in front of you and most likely record the whole situation on a cell phone or camera or recorder. My dad did this and he got my brother. but if your wife has blackmail on you then that is bad news for you but if you have some on her that will be good to when you show the judge. you can also take anything you have against your ex wife and either tel this to the judge or work things out beween her. if things go well. then you will know.
You need to clarify something with him. Does he still want to be with her? It is perfectly normal for him to love her, she was once his wife and they share children so he may love her, but is he still IN love with her? Realize that a man freshly divorced and who has children will carry a lot of baggage. You need to ask yourself if this guy is really worth it. If so, give him all the time he needs, but be aware of yourself too. Don't sacrifice forever, you will need to set limits for yourself and decide when you will move on.
Do I have to stop trying to get on with my parents?
Answer Trying to get it on with your parents can sometimes be very hard as they aren't of your generation and probably aren't open minded so that makes it hard for you, but they are your parents and just think where you would be in life if you didn't have their love. If they didn't love you, they wouldn't bug you so much, maybe you can think of it that way and not be so hard on them or yourself. Good luck
if he wants to be with you he should choose you and no one else
so I go with leave him
Is the wild-thing Steve ray single or married?
I personally know the wild thing and he is single, but dating a fat girl name LINDA Hall, who treats him like crap. Ladies, I'm sad to say but the wild thing has lost his mind dating this girl. She is a financial adviser for some company ripping of teachers from there hard earned retirement. I don't know what he see's in her. hell I don't think he can even see around her. I wish the old Steve would come back and leave that phony fake cow to feed on her customers.
Typically if one parent is primary, and the other parent has visitation rights that is less than 40% of the time, you may have joint custody. In this situation, the children may live 60% or more of the time with one parent, but both parents make decisions regarding health, education, and religion for example.
If you have a 60% - 40% up to a 50% - 50% then this is shared custody.
The amount of time it will take to finish the divorce depends on where they were in the process (ie longer than the minimum amount of time required after filing) and how many issues are contested between the two of them.
How should you respond when you offer love and receive hate in return?
Say, the one who you offer your love to is XYZ. Don't hate XYZ just because she/he does not response to your love as per your expectation. You can let XYZ know that how much you love her/him. Don't let XYZ know how vulnerable you are to his/her response to your feelings. Just walk out of XYZ's life. If you truly love XYZ then be proud of yourself. You have the ability to offer your love to someone while knowing that XYZ hates you. Move on with your life. Cherish XYZ's memories. And just focuss on more important things in life. Or another cool way to deal with it is that you find out someone for yourself and be happy with him/her. Don't have to bother about XYZ. YOu deserve something better. People who are able to offer love are far better then those who offer hate or hate others for whatever reasons. What is "offer love" to some, maybe an "imposition" to others. If this is a religious matter, then it's proselytizing.
How do you enforce visitation order in Texas?
First you need to develop you evidence of denial of access rights. Once that is done, there are forms at the clerk of the court office for enforcement of access rights. You can file a motion for contempt of a court order if the custodial parent is violating the visitation schedule.
