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Wilmington Delaware Family Law Blog

Custody rules when one parent moves with a child after divorce

After a divorce, sharing custody of the kids with an ex-spouse will be made much easier when you are both living relatively close to each other. This naturally makes drop-offs and transfers much easier. Plus, when the kids have activities, it isn’t such a trek to get to see them. However, this is just not doable for many families who have work or family considerations away from their divorced spouse.

The courts take relocation and the distance of each parent from each other very seriously when considering custody. If one parent has primary custody, it will not simply mean a judge will allow a move that takes the children farther away from the other parent.

What getting incarcerated can do to your child

As a parent, almost nothing would make you happier than to see your kid grow up to become a responsible adult with a good job and a reputable name. Unfortunately, the chances of that happening can significantly decrease from one mistake they did before they turn 18.

In Delaware, your kid can face imprisonment if they commit a serious crime and serve weeks or months in juvenile detention. Once the sentence is complete, it will not be easy for your child to adjust to normal life again. There can be long term consequences from incarceration that can negatively impact your child’s future.

The ex-spouse stopped paying child support. Now what?

You and your former spouse may have divorced about two years ago. Everything has been going relatively well, considering it is divorce and can be challenging. Your former spouse has been paying child support regularly and timely. Until one day, the child support payments just stop. What is going on? Why did you not receive the support you need to help raise your children? Did your former spouse possibly lose their job?

Avoid These Five Mistakes in Your Child Custody Case

Keeping calm and rational when dealing with your ex might be difficult during a painful and contentious divorce. If children are involved, it’s crucial that you find a way to show that you're a steady and reliable parent, so that the best interests of your kids are properly served.

Understanding the different types of child custody

Divorce can bring significant change to your family. When you have children, you want to arrive at a custody arrangement that suits their best interests. It's important to understand that custody is rarely a simple issue, and there are often several layers to consider.

As these matters are subjective, custody comes in several different types. Understanding the different custody classifications can better prepare you for the structural changes that may lie ahead for your family.

Modifying your agreement post-divorce

Life changes all the time. If your divorce was finalized when your children were very young, the parenting plan, child support, and other aspects of the agreement are going to be in force for a decade or longer. New jobs, new living arrangements, and even a new city you live in are all good reasons to go back and revisit the agreement.

Revising your agreement is not too difficult if both parties agree easily. But the process is the same as creating it in the first place, so it should not be entered into lightly. If you have a good reason to modify the agreement a good family law attorney can get it done.

How will your property be divided during divorce?

A divorce splits up your family, but it also divides your assets. Once an individual overcomes the shock of ending their marriage, they may worry about their property and financial security. Who will keep the house, what happens to your family car, your spouse's credit card debt or your inherited antiques?

Delaware is an equitable distribution state. This means that a judge decides how to fairly divide assets and debts. Assets are not automatically split 50/50 between you and your spouse. Instead, the courts take a number of factors into account to determine a fair split. How do the courts decide how to divide property?

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