How to Handle a Divorce Involving Children
Divorce is never easy, but including children in the equation often makes it more complicated and emotional. Divorce involving children doesn't just signify the end of a marriage; it recognizes a reorganization of your family.
If you or someone you know is facing a divorce that involves children, it's important to understand how child custody, parenting plans, and child support agreements work. That's where experienced legal guidance from a knowledgeable family law attorney can help.
At Kesling Law Firm, we understand the challenges families face during a divorce. With over a decade of experience, we strive to offer compassionate, practical assistance to help you move forward with your life.
In this blog, we provide an overview of the impacts of divorce on your children and the rights you have for your family under Alabama divorce law.
Understanding the Impact of Divorce on Children
Divorce is often just as emotionally challenging for children as it is for parents. When a family dynamic shifts, children may feel confused, sad, or anxious. While it’s understandable for parents to prioritize the legal aspects of divorce, it’s equally important to address the emotional impact on their children.
It's important to maintain clear and thoughtful communication with your children throughout your divorce. While your marriage may not have lasted, it’s important for your children to experience continued love and support from both parents. Here are a few tips you can use to help your children through a divorce:
Be honest: Use age-appropriate language to explain the situation to your kids. Avoid blaming the other parent or sharing adult details.
Consistency matters: Stick to routines as much as possible. Familiarity can be comforting for your child during this period.
Encourage open dialogue: Create a safe space for your kids to express their feelings or ask questions, and reassure them that both of their parents are there for them.
Avoid using children as messengers: Always communicate directly with the other parent about issues related to your children. Your kids shouldn’t feel stuck in the middle.
Seek support systems: Counseling or family therapy can provide valuable tools to help children process emotions.
The emotional well-being and best interests of your children should be central to the divorce process, especially when considering child custody arrangements. Taking their needs into consideration can help make family transitions smoother and healthier.
Key Considerations for Divorce in Alabama
Alabama divorce law prioritizes the well-being of any children. If you and your spouse can't reach an agreement, the court will step in to decide matters such as custody, child support, visitation rights, and parenting plans. Therefore, it's important to take an active stance in your divorce negotiations to advocate for the best interests of your child. Some topics you should discuss during these negotiations include:
Child Custody
Alabama law recognizes two types of custody: physical custody and legal custody. Physical custody determines where the child will live, while legal custody gives one or both parents the right to make decisions regarding the child’s health, education, and general welfare.
The court determines custody based on the best interests of the child. The common factors the court will consider in its determination include the relationship between the child and each parent, the child's age and needs, each parent’s living situation, and their willingness to cooperate. While joint custody is generally encouraged, sole custody may be awarded if one parent is deemed unfit or absent.
Child Support
Alabama follows the Income Shares Model for calculating child support. The court will consider the income of both parents and compute the amount for the non-custodial parent must pay to cover the child’s expenses, including housing, food, medical insurance, and education.
Failing to meet child support obligations can have significant consequences in Alabama, including wage garnishment, loss of professional licenses, or even jail time.
Visitation Rights
Non-custodial parents are entitled to reasonable visitation, unless it would endanger the child. While the court usually establishes a strict schedule for visitation, both parents have the option to collaborate and create a more flexible arrangement. Your attorney can make sure your custody and support agreements comply with state requirements while advocating for the best interests of your child.
Parenting Plans
A parenting plan is a written agreement between parents that details how they will continue to share responsibilities for their children after a divorce. Alabama courts require parents to submit a parenting plan as part of their divorce petition, as it can serve as a roadmap for minimizing conflict.
An effective parenting plan should include arrangements for custody, visitation schedules, holidays, birthdays, and vacations. Additionally, it’s helpful to specify how the parents will handle emergencies, communicate about the child’s progress, and split expenses for extracurricular activities. Remember, parenting plans should be approached by putting your child’s needs first.
The Importance of Mediation in Divorce
If you and your spouse are unable to agree on certain aspects involving your children or your divorce, mediation can serve as an effective negotiation tactic. Mediation offers families a constructive and collaborative alternative to traditional court proceedings, in which an impartial mediator will help you negotiate and craft agreements on custody, visitation, and other family matters.
Mediation offers several benefits for divorcing parents, such as lowering financial costs, saving time, and reducing stress. It also allows you to maintain control over decisions instead of leaving them up to the court.
At Kesling Law Firm, we have seen countless families benefit from a collaborative approach to divorce. However, should mediation fail, our team is ready to represent you in court, presenting a strong case that protects your rights and your child’s future.
Divorce Attorney Serving Orange Beach, Alabama
Divorce is often an emotional process, and it can be more challenging when it involves children. If you or someone you know is going through a divorce that involves children, it's important to reach out to an experienced family law attorney for guidance.
For over a decade, our attorney at Kesling Law Firm has helped numerous clients through divorce. Our goal is to help you understand how divorce will impact you and your children and to advocate for your child's best interests throughout the process. Located in Orange Beach, Alabama, we serve clients throughout Baldwin County and the Gulf Coast, including Gulf Shores, Josephine, Foley, Elberta, and Summerdale. Contact us today to schedule a consultation for your Alabama divorce case.