Divorce and The Best Interests of the Child

When you’re going through the divorce process and trying to resolve the child support and custody issues, you’ll often hear the terms “best interests of the child.” Generally, the court will consider the new family lifestyle after a divorce and how a child will best be able to adapt to the new changes. It is possible for you and your spouse to ease into your new family dynamic in order to make the transition easier on your child.

Amicable Relationship
In order for you and your spouse to best help your child through the divorce process, you should maintain an amicable relationship. While that may not be easy, especially at first, this is extremely beneficial in helping your child’s transition into the family’s new way of life. It’s best to avoid contentious debates about living arrangements, parenting time, child support, and other child-rearing issues.

What The Court Considers
When the court is considering issues regarding child custody and child support, it makes the final determination as to each including who will pay child support and how much is paid. There are certain factors that come into play when making this determination.

First, the court will look at all the income of each parent from any and all sources and will calculate the child support guidelines before deciding if child support is needed and in what amount. Important information that the court also reviews when making this determination includes the expenses incurred to provide the basic necessities of food, clothing and shelter for the children and any special circumstances regarding each child.

If there are other extenuating circumstances regarding the rearing of a child, such as educational costs or medical expenses or extraordinary childcare expenses or special needs of a child, the court may consider those as well. All issues regarding each child should be presented to the court during the divorce process.

Achieving an Amicable Solution
Many times, reaching a solution that you can both agree on depends on the skills of an experienced divorce & family law attorney or the skills of an experienced divorce mediator.  It takes both skill in negotiation and a desire to make sure the needs and wants of each client are considered in order to reach amicable solutions. Experienced divorce attorneys and divorce mediators manage divorce issues every day.

Call our law office if you have questions about the divorce process, the divorce mediation process or any family law matter concerning the best interest of your child.