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PRACTICE AREAS

FAMILY LAW

Divorce:

Is the legal process of ending a marriage. Even when a mutually agreeable couple decides to obtain a divorce, it can still be an emotionally difficult process. During a divorce there are issues that must be addressed, including child support, custody, visitation, property division and spousal support. However, resentments, sadness and embarrassment make it more difficult for couples to make mutual decisions regarding these considerations.

There are two ways to do this, the most advisable is to reach an agreement between the parties, which implies the subscription of a regulatory agreement in which the conditions of the bankruptcy are specified, establishing the relations of the children (if any) with their parents both in the personal and patrimonial aspect and always taking into account the best interests of the minors.

If it is not possible to reach an agreement, there will be no choice but to resort to a contentious proceeding in which a Judge will finally establish the measures that will govern the future relations.

Custody:

“Child Custody” is a legal term used to describe the relationship and obligations between a parent and child in situations where both parents of the child no longer wish to share the relationship with each other. Such a situation may involve divorce, annulment, or separation, in which the children present in the relationship cannot live with both parents and must be under the primary care of one parent, who will make decisions for and care for the child. State courts have jurisdiction to decide whether the child will live with the parent based on the best interests of the child.

Commonly, in deciding custody arrangements, each state takes into account factors that in one way or another include the following:

  • Age and sex of the child.
  • Affectionate ties between the parties involved and the child.
  • Relationship between the child and siblings, if any.
  • The ability of the parties seeking custody to provide a loving nurturing environment for the child.
  • The ability and means to provide the child with food, clothing, medical and other necessary care.
  • The characteristics of the parties seeking custody: age, physical and mental health, stability, character.
  • The effect of the proposed continuation or discontinuance of the child's existing home.
  • The preferences of the child, if the court finds that the child is physically and mentally mature enough to make such decisions.
  • The ability of the parties involved to reach an acceptable arrangement regarding visitation with the child.
  • Abuse or domestic violence witnessed by the child committed by either parent toward the child, toward another sibling/close relative or between the parents.
  • Other significant factors inherent in a child custody dispute.

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