Child custody and maintenance
By agreement on custody and maintenance
Child's custody and maintenance are highly relevant and thus also needed to be discussed and decided together. Most cases are decided without arguing in court even both matters are made into a court order.
A must in court
Making child arrangements
When proceeding to divorce in court, you are required to choose how to make arrangements for looking after your children before and after divorce. This would include child's custody and maintenance.
When talking about child custody, these are the issues:
- who owns the custody i.e. authority on deciding child's dwelling, schooling and health
- who pays the child's maintenance
- who does the child live with
- access or staying right of the ex-spouse not living with the child
By agreement
Maintenance is usually by a periodical payment and mostly monthly basis as majority are monthly wage earners.
You and your spouse can usually avoid giving further evidence or attend court hearings if you agree on:
- where the children will live
- how much time they’ll spend with each parent
- how you’ll financially support your children
You may need a lawyer to advise you on relevant legal issues if you want to make your agreement legally binding or by way of a court order.
You can agree on child maintenance at the same time or separately.