Before filing for your Pennsylvania online divorce you may need to negotiated child custody rights and visitation with your spouse. Since online divorce requires that there are no disputes between the two parties, child custody issues must be resolved before you file or it won’t be considered an uncontested divorce. Below are a few tips on negotiating your child custody agreement with your soon to be ex-spouse:
Tip #1: Understand child custody laws in Pennsylvania before you file your online divorce. In the state of Pennsylvania, a child who resides in the state or whose parents (one or both) reside in the state fall under the jurisdiction of the state’s child custody laws.
Tip #2: Make sure that your child custody agreement is in the best interest of the child before you file your online divorce. While each parent understandably believes their custody arrangement is in the best interest of the child, it’s important that you make sure that a court will agree. For example, courts governing child custody usually prefer the status quo. What this means is that if a child is presently living with one parent the court isn’t likely to remove that child unless there is something terribly wrong with the living situation. Consider this if you are asking one parent to change their custody arrangement significantly.
Tip #3: If you and your spouse are able to come to a child custody agreement, make sure you put it in writing before you file for your no fault divorce. Divorcing couples should create a “stipulation and consent order.” This agreement should be as specific as possible. Which parent has legal custody? How will holidays be split between the parents? When is each parent expected to visit or pick up the child? When will the child be returned to the other parent? What about vacations and school breaks? What happens if one parent decides to move to another state or country? All of this and other details should be planned out in advance if you want to file an online divorce but have children.
Tip #4: Divorcing parents cannot bind a court to a child custody agreement. The courts have the power to modify or void any agreement which they deem not in the best interests of the child. This is another reason why it’s critical to make sure any agreement created before filing an online divorce will hold up in a court.
If a divorcing couple wants a cheap online divorce through Flash Divorce they will need to make sure that all custody issues are settled in advance. However, if there is a dispute after your online divorce has commenced, you may be able to work with a pa divorce lawyer to settle any disputes.