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White Plains New York Family Law Blog

A good parenting plan can help your child after divorce

With any child custody case, it's everyone's job to make sure the child or children are put first. Their lives rely on the decisions of the adults around them.

This is why it's so important to work out a parenting plan with your ex-spouse. Even if you two are at odds, you need to do what you can to be positive around your child. Providing a stable home environment, even across two households, is essential to your child's life.

Can you have custody arrangements in a prenuptial agreement?

With prenuptial agreements, there are some things you can and cannot do. One of the things you're unable to do is to include your child's custody plan ahead of time.

There are a few good reasons for this. The first reason is that you may not have children at the time of writing the prenuptial agreement, so setting up a custody plan doesn't make sense and isn't based on your child's needs.

Empower yourself with the right legal team during divorce

It is empowering to know that your divorce is going as expected, or, at the very least, in a positive manner. You want to know that you won't have to worry about child custody issues in the future and that your financial stability will be intact after all is said and done.

Every divorce has several issues that will need to be addressed. Some of these include:

  • Child custody
  • Parenting plans
  • Property division
  • Taxes
  • Spousal support

Relocating? Both parents should have a say

You were surprised when your ex-spouse announced that they were going to move for a new job opportunity. They already have a good job where they are, and you can't imagine what it would be like for your children to find out that the other parent is leaving.

That's when you realized that your ex-spouse wanted to take your kids, too. You share custody, and you can't believe that they'd be willing to pull your children out of school and move for a job that is so far away.

Is your prenuptial agreement valid? Here's what you should know

If you have a prenuptial agreement in place, you may think that there is no way to counteract it. However, there are a few times when the court will ignore the agreement and determine a different outcome for your divorce.

Some of the common reasons that prenuptial agreements are voided or invalidated include:

  • One party not having adequate time to review it
  • Coercion
  • Unrealistic or unfair terms
  • Arrangements that are not allowed to be in a prenuptial agreement

Child support in a well-off family: It's still for your kids

When you have a well-paying job, one of the last things you might have trouble with is being able to provide for your children. Still, if you go through a divorce and have primary custody, the other parent is likely to owe you support.

One missed child support payment or a delay may not be a problem for you, but that doesn't mean you shouldn't hold the other parent responsible for the support they owe.

How do you know if divorce is right for you?

You've always wanted to be married, and your wedding was the day you always imagined it would be. Life has changed since then, though, and you're worried that your marriage is not able to be saved.

You're not alone if you believe that a divorce is your only option moving forward. Sometimes, the reality is that two people have grown apart and no longer work together well in a relationship.

High-conflict parenting: Try these options for success

No one wants to go through a contentious divorce, but it happens. As you and your spouse do your best to get through a difficult time in your lives, you may have an additional struggle: your children. How, when you both can't stand one another, can you raise children together?

In a high-conflict situation like yours, one of the better things to agree to do is to go through counseling. In very few cases, it's necessary to remove children from one parent's care, but that's usually only reserved for the worst cases of neglect or abuse. In most other cases, the reality is that both people are good parents, but they're not good together in a relationship.

Are people entitled to spousal support when they earn less?

Spousal support can sometimes make the difference between being able to support yourself after a divorce and struggling to do so. However, some people don't have financial concerns after a divorce, and the likelihood of receiving spousal support is lower.

If you are in financial need, it's possible that your higher-earning spouse could have to pay alimony so that you can have some financial security. However, you should keep in mind that no one is guaranteed to receive alimony; it is part of your divorce settlement or ordered by a judge.

Work and custody: Get more time with your kids

There are situations in which neither parent is going to have the time to provide care for their child after a divorce. Instead of a two-parent system where one parent might work part-time or the parents may have schedules that don't conflict, divorced parents often find themselves working similar hours or days. If there's no way around that, it can mean that the children need care from a third party.

In situations where a child can't be in their mother or father's care, the next option is to turn to family, a day care or professional caregiver. Some parents dislike the idea of losing custody time to a caregiver, but when neither parent can take time away from work, it may be the only option.