Divorce Without Child Custody Agreement
Some states calculate the proceeds of a divorce by a term known as “compensation.” Compensation shall be calculated on the economic capacity of each party. For example, a snapshot of the value of the assets held by each party is taken (on the day of marriage and again on the date of separation). The date of separation is also called the “valuation date”. All items are counted and evaluated from these two dates. The current value of each party`s books, furniture, cars, bank debts, student debt, etc. is assessed. The value of these objects is measured on the basis of their value before the wedding and then on the valuation date. All states use a standard for the “best welfare of the child”,although its definition is amorphous and dependent on jurisdiction. Here are some factors a court can use to make its decision: In some situations, close relatives or close relatives may apply for custody.
States refer to this type of custody as “non-parental custody”, “custody of third parties” or “guardianship”. 11 That proceedings are opened by lodging an application with the court, the registration fees paid and sometimes a declaration of parental consent. The court conducts a substantive check of the applicant, arranges interviews and sometimes home inspections, and then a judge makes the decision in the best interests of the child. But in most cases, couples are able to compromise on custody without forcing this issue in court. In fact, with more than ninety percent of divorces, custody never becomes a real problem. A parent (usually the mother) has been the child`s primary reference person throughout his or her life; and the parties agree that this reference person should continue to have the child most of the time. States have different guidelines for determining the amount of child assistance to be paid by a parent, based on income and expenses. Some states give judges leeway to set family allowances, while other states follow strict guidelines.
However, there are circumstances in which the custodial parent or child may refuse to surrender. These circumstances usually occur when the custodial parent fears direct harm to the child (e.g. B abuse or neglect); or if the children themselves do not want to visit the non-guardian parent. Here are some questions you should ask yourself about shared custody: Many couples don`t understand that a child without written agreement or court order is vulnerable to unpredictable disruptions in living conditions and discontinuities. . . .