Press Release (ePRNews.com) - Preston - Mar 02, 2018 - There are a number of questions surrounding the topic of children when parties separate. This article will discuss frequently asked questions with regards to children.
Q. How can a couple work out a fair arrangement for their child during divorce or separation?
When discussing where the child lives and the time spent with the other parent, both parents should take into consideration what is in the best interests of the child. There are no set rules as the circumstances of each family will differ. For example one parent may work shifts which means they cannot see the child on the same days each week, or the distance between the parents’ house is such that it is not practical for there to be mid-week contact or even contact each weekend. It is important to remember that it is the right of the child to see both parents, where it is safe to do so, and it is not the right of the parent to see the child.
In addition, to where the child will live it is important that finance arrangements be put in place to provide for child maintenance. Tt is important that financial arrangements with regard to the child are kept separate from financial arrangements with regards to marital assets as well as spousal maintenance payments that may be made.
Q. Do other members of my family have a right to contact with my child living with my former spouse?
It must be noted that such contact by extended family members is not an automatic right. Therefore, other family members do not have a right to see or contact the child. However, the court may allow them to apply for a contact order and such an order may be granted if the court considers this to be in the best interests of the child. In addition, it depends on whether your time with the child is expected to include other members of your family.
Q. What can I do if my former spouse does not want to have any involvement with the children?
It must be noted that you cannot force your former spouse or partner to be involved with the children. Therefore, if your former spouse does not want to be involved, it is probably in the best interests of the child that he or she is not. The only thing that can be enforced is the child maintenance payment.
Q. How are foster children considered in a separation or divorce?
It must be noted that foster children are not your children. As a result if you are going through a separation or divorce the local authority that placed the children in your care will need to decide whether the children should remain living with you or your spouse/partner or whether they should be moved to a new foster home.
For legal advice and representation consult divorce solicitors in Preston.
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Source : MG Legal