With an uncontested divorce, all aspects of the divorce must be uncontested; this includes child custody.
When two people move forward with an uncontested divorce, they significantly reduce their emotional strain and financial burden. In addition, these move much more quickly and smoothly than typical divorce proceedings. However, if you are considering pursuing an uncontested divorce, you may have questions on how child custody will be handled.
Meaning of Uncontested Child Custody
When a couple decides on an uncontested divorce, it means that they agree on every matter and this includes child custody. Some of the main child custody matters include:
- Legal custody – who makes important decisions for the child
- Physical custody – where the child will live
- Shared custody schedule
- Visitation rights
- Child support payments
If a couple entirely agrees on all of these matters, they can move forward with an uncontested divorce. If a couple cannot agree on child custody matters or any other issue, then an uncontested divorce is not possible. The couple could pursue arbitration or mediation to settle any differences, rather than going to court. Otherwise, the couple would be required to take their case to a judge.
Other Filings Are Required
Filing an uncontested divorce is always easier than dragging it through a divorce court. But when children are involved, it does take a little more time and work. There is additional paperwork when submitting for an uncontested divorce. This is to ensure that all matters concerning child custody and child support are handled appropriately.
You will be required to outline all of the details relating to the children’s living situation, and will likely need to provide your complete parenting plan in writing. You will also be required to calculate an agreeable amount for child support from the non-custodial parent. These additional filings need to be appropriately handled and filled out completely. Therefore, you will need help from your attorney to complete them, or at least review them before submitting it to the judge.
Benefits of Uncontested Child Custody
It is not just the parents who benefit from an uncontested divorce. It is far better for the children if their parents can handle and negotiate matters about their divorce maturely and calmly. During a divorce, children often feel as if they are trapped in the middle of an ongoing battle. When parents don’t fight, children don’t feel like they are picking sides, and a strong and healthy relationship with both parents can be maintained.
Uncontested Child Custody Lawyer
No matter how well you and your spouse agree on issues, it is still essential that you work with a lawyer when filing and negotiating your uncontested divorce. An experienced divorced attorney will ensure that your rights are protected and that all matters are appropriately handled.
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