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Should I file for custody before I file for divorce

Sometimes a divorce can be a very simple process that lets both parties walk away with ease from a relationship that simply isn’t working. In other instances, this is not as clear cut. This may be particularly true when a divorce involves one or more children of different ages. Child custody issues during a divorce procedure can be hugely complicated and necessitate careful negotiation. They may involve varied issues including the age of the children, each parent’s income and any existing relationships the children may have with other friends and family. Even before the divorce begins, each parent should think about their desired results when it comes to any family arrangements. One of the most common questions that many parents have is the question of custody. In general, there’s three types of custody: sole custody, primary custody and joint custody. Sole custody means that only one party has custody of the child. Primary custody means one spouse takes the primary role while joint custody means both spouses share all decisions.

Setting It In Motion

It’s traditional to work out custody arrangement during the divorce proceedings rather than before they begin. Some people may choose to file for custody arrangements for several reasons. One spouse may have serious concerns about the other spouse and their ability to care for the child or issues such as existing problems with child and spousal abuse. They may be thinking about a personal change such as moving to another state or changing jobs. In that case, they will need to go to court and speak to a judge about their desired course of action. The judge may issue a temporary custody order that gives one spouse full rights as the divorce continues. Keep in mind that many lawyers will typical suggest avoiding this choice. They will point that there are many drawbacks to filing for custody before entering into a divorce.

Certain Risks

Filing for custody before the divorce begins can have several obvious drawbacks. All parents should remember that the goal of the divorce is to make sure the child has the best environment possible. All those involved want to avoid all possible disruptions in the child’s life. This means that ideally the child should remain in the same living place and continue to attend the same schools. Judges look closely at all aspects of the children and the parents. They may note which particular parent seems to have the closest bond with the children as well as if there are any close relatives nearby that can provide the child with additional support. A woman should keep in mind that the judge may not automatically award her custody merely because she’s female. Assuming so may jeopardize her chances of gaining ultimate custody. A parent who begins by asking for primary custody may be jumping the gun and creating conflict where none may exist.

How the Partner Reacts

Sometimes, the partner may be thinking about filing for divorce. However, they have not done so as if yet. Filing for custody immediately lets the other spouse know of their plans. The other partner may not be content to merely sit there and let the other partner move forward with custody. In that case, there may be issues that arise between both partners that the legal system may need to work out. This can cause problems for both partners in the divorce. Asking one spouse to give up certain rights can be hard. Asking for custody right now may create antagonism between the two parties that may not work in the favor of the parent making the decision to seek custody before the divorce proceedings begin. In most cases, it is far better to wait for the start of the divorce before doing anything related to the issue of child custody.

Letting the Divorce Unfold

The decision to seek custody first leaves many issues unresolved. It’s not always obvious where both spouses will live once the divorce is completed. A spouse may not be able to hold on to the primary residence. A judge will need to see how the eventual divorce proceedings are going to play out as the divorce case continues. Waiting until the divorce continues has many advantages. The judge can see the couple’s financial situation. They can determine how much is ideal spousal and child support. In doing so, they have all they need to determine what is in the true interest of the child.

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