Every state has its own rules when it comes to handling divorce cases, especially those with minors involved. The District Court in the state can take jurisdiction over minors depending on the underlying circumstances. When this happens, these minors are considered part of the state, and the state is considered their “home state”. Therefore, the Court has the jurisdiction to pass rulings on divorce cases especially visitation, physical custody and child support.
Let us look at what you need to know about divorce and how minors come in.
1. The Court Can Rule on Minors at Any Age
As a father, you need to find the best place to have the case. To prevent disruption of the family circle, you can request the court to handle the case even before the time required for a declaration is over. To do this, you need to justify the presence of an emergency that requires this consideration. For instance, Nevada requires 6 months to declare the child a part of the state. But you can still get a ruling before six months elapse. However, these cases can become complicated, therefore requiring professional legal guidance for guardianship of a minor child in Nevada.
- You Might Not Leave the State With The Children
Once a state is considered the “home state” of the children, you might not be allowed to leave without consent from the other partner. If during the divorce process you travel outside the state with the minors, the spouse can go to court and file a complaint especially if it is found that your intention was malicious.
Therefore, if you decide to move out of the state with your kids without the permission of your spouse, it is safe to get permission, probably written down so that you don’t have to cut the trip short.
- Your Child Support Status Might Change Anytime
Normally, child support is reviewed by the state every three years and modifications made as necessary. However, the review might be performed sooner depending on the circumstances. Your estranged spouse might ask for a review in different scenarios:
- A decrease in income: if you lose your primary income and therefore, you are unable to meet your obligations, you might request for a review for the support to be increased or reduced as necessary.
- Increase in requirements: as kids grow, their needs increase. Some might need braces or might decide to join a sport that requires various items. If your spouse is in custody of the children, she might seek additional child support to assist meet the costs.
- A large increase in income: if your estranged spouse discovers that you are a beneficiary of a large sum of money, you might have to pay more in terms of child support. The custodial parent can petition the court for this increase.
- How Much Does the Minor Need?
The support you pay is similar to the same level of support that the minor would have received had the two of you stayed together. At the court hearing, you need to present evidence showing how much you can pay for child support. The court expects you to present a few documents to this fact. Some of the recommended documents include recent pay stubs and tax returns. Take time to prepare the different documents you need so that you aren’t caught on the wrong foot.
Legal Custody is Debatable
Customarily, any parent can have custody of the children, regardless of which parent spends the most time with them. However, it is possible for you to take away legal custody from the other parent or she can take it away from you.
The rule is that you get a split physical custody, whereby the kids spend equal time with each one of you.
Before you file for divorce in any state, you need to know what the law says regarding divorce and minors. This removes any doubts you have regarding the process, making it smoother and quicker.