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Why a contested divorce may be necessary if you have kids

On Behalf of | Jun 19, 2024 | Divorce

Contemplating divorce when you have kids requires putting their interests above everything else. By setting your priorities right, you can have an easier time deciding the most suitable path for ending the marriage.

On the one hand, an amicable divorce can minimize the chaos your kids would have to experience during divorce proceedings. On the other hand, a contested divorce might be necessary to fight for your children’s well-being post-divorce. Suppose the marriage didn’t provide a conducive environment for the kids; your divorce might have to be contested to iron out any kinks that might pour over into the next chapter of their lives.

Protecting from unsafe situations

Suppose your marriage has a history of addiction, domestic violence or mental health issues; these problems might be carried forward to the next chapter of the kids’ lives if nothing is done to address them. An abusive partner might continue to harm the kids after divorce if they’re awarded custody without the necessary supervision. Furthermore, a partner who struggles with addiction or mental health issues might not be equipped to be the parent your children need post-divorce.

By opting for a contested divorce, the family court can thoroughly assess each parent’s capacity to provide the kids with a safe environment to grow. You can breathe easy knowing you’re doing the best for your offspring by achieving a custody arrangement that favours the kids.

In cases where there’s a history of domestic violence, addiction or mental health issues that could pose a risk to your children, a contested divorce allows you to present evidence to the court. A judge can then determine a custody arrangement that prioritizes your children’s safety.

Fair custody and parenting time

In instances where one parent is more capable than the other, disagreements about custody and parenting time can arise. In these heated moments, both parents might not be the best judges of what might be the kids’ best interest.

By involving a judge, parents can have a neutral third party who can scrutinize the situation and establish functional and practical custody and parenting time rights for each parent. This way, the kids can continue to maintain positive bonds with both parents post-divorce.

If you have kids, their well-being is a top priority if you’re contemplating divorce. An amicable divorce might shield them from the chaos they may experience during divorce proceedings. However, you might want to employ the services of a trusted legal group to walk you through a contested divorce, depending on your circumstances. They can help you fight for your kids’ well-being to help ensure that life post-divorce is healthy and stable.

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