MEMBERS

You Are Having a Marital, Child Custody, or Support Dispute?

From time to time, most couples don’t see eye to eye.

But, if you’re past that point and you think you’re headed toward the end of your marriage, it’s wise to know your legal rights.

It might be tempting to take advice from your brother-in-law, your mother, or a guy at work. Even though their intentions may be good, their legal advice is something you want to steer clear of.

Divorce is a legal proceeding that many people have some experience with, so you’ll probably hear about other couples’ problems. Remember, every situation is different. What you “hear” probably won’t apply to your situation. But worse than that, all that secondhand advice most likely is not accurate, if not harmful.

If you and your spouse are having problems, a lawyer can advise you of your legal rights and responsibilities, and can help to bring about an agreeable settlement of the disputes you are experiencing.

You need to protect your rights, and if you have children, you need to protect them. Children often feel that they are the cause of the problem. Do your best to reassure them that they are not to blame, and, by all means, keep them out of the crossfire.

Establishing a custody arrangement early on will help to create a new norm, and help the children feel more secure. There are two types of custody: physical, which refers to the physical possession and control of the child, and legal custody, which refers to the right to make major decisions on behalf of the child. Physical custody can be shared, primary, partial, or limited to visitation. Both you and your spouse should make every effort to come to an agreement on custody so that the children are not put in the middle of your dispute. Your lawyer can help you come to an agreement regarding custody, and can help you enforce the plan.

If you are served with a divorce complaint, you should consult an attorney immediately. If you do not, the divorce will proceed without you being represented. Your rights may not be protected, and you will find yourself at a distinct legal disadvantage.

Your lawyer will help you resolve distribution of assets, establish a child support schedule, and act as a liaison between you and your spouse’s attorney.

If you need help locating a family law attorney, contact The Berks County Bar Association’s Lawyer Referral at 610.375.4591.