If your common law marriage is suffering and you would like to prevent a child custody issue, than it is wise to educate yourself on the options and legal steps to take to prepare yourself for divorce. A local law firm will be able to provide detailed and complete information for your situation, however, common sense dictates that you learn a few key words and the basics before speaking with them, so you are better informed as a client. Any divorce is complicated, painful, and difficult, but unnecessary misunderstandings and hang ups can be prevented by a little initiative to learn the ins and outs of the impending legal action.
The first step for any common law marriage that dissolves, with or without children, is to determine that it actually was a common law marriage. Whether or not the common law marriage can be proved, there could still be difficult times working out every child custody issue, but the two options provide different legal situations. The two parties must provide evidence that they did in fact consider themselves married. There are a few options at their disposal to do so. It is easily proved if they ever filed their taxes jointly. Witnesses can also be called to prove that they introduced themselves as a married couple and that they lived together as spouses.
Once it is determined that the couple was or was not common law married, the attorneys for both sides can begin helping the couple structure their cases, according to the complicated laws surrounding divorce. If there is a child custody issue, the approach for resolution will depend on the willingness of both sides to work together as best as they can. It is important to remember that the law and any judge determining the case will always consider the child’s best interests before that of the parents. In the best situations, everyone is able to work together to create a good solution for the child that disrupts their life as little as possible, while keeping them in a healthy and supportive environment.
In most cases, any child custody issue can be resolved between the parents. Legal professionals understand the importance of allowing children to stay with their parents and maintain as many normal family ties as possible. The divorce is upsetting enough for children and it is crucial for their future physical and mental health that they keep a good relationship with both parents throughout the process and into the future. Because parents usually have a deeply emotional tie to the case that affects their reactions and opinions, it is up to the court to help them approach the situation logically, and within the law, to find the best solution for the children.
In some rare cases for a child custody issue, it is necessary to bring other family members into the picture. If either parent brings a valid complaint about the other regarding the welfare of the child while with the other party, then the court is obligated to fully investigate. A grandparent, aunt, or uncle may be called to help testify about the living conditions of the child while with either parent, or to assist with custody. However, this situation is never taken lightly and is only reserved for when a child is actually in danger with one or both parents. Most situations are resolved with a little cooperation from both parents, out of their shared love for their child.
