The principle that underlies the idea of joint child custody is the fact that every parent is entitled to remain the parent of their child even after the day of divorce, for all the implications arising from the parent-child relationship. It is important that the “custodial parent” also knows that both parents are the natural guardians of their child, a matter which the divorce does not change at all, and therefore both parents are entitled to raise their children jointly, sharing days in joint custody.
Once the court has ruled that both parents will raise the children equally, i.e. that both will be the custodial parents and the child custody will be joint, it is important to emphasize the division of days in joint child custody. Spouses should consider each other for the benefit of their children.
Calculation of alimony in joint child custody
Recently, there have been changes in the way the court calculates alimony from joint child custody, and now alimony is determined according to their financial capacity and the income of both parties. In a situation where there is a change in the custody of the children, for example, a situation in which from sole custody of the mother to joint custody of both parents it is customary to reduce a certain amount of alimony, since increasing the child’s stay with the father means increasing the father’s expenses for the child.
Joint custody without alimony
In a situation where the mother’s salary is equal to that of the father and even exceeds it, a situation in which the spouses will be awarded joint custody, then a judgment can certainly be given in which no alimony will be awarded. The “half” payments, the same class payments, exceptional medical expenses payments, auxiliary rates, will also be divided in proportion to the parents’ income.
Since the courts recognize the importance of the presence of both parents in the child’s life, there are certainly cases in which joint custody will be obtained without the consent of the mother, when the division of days in joint custody will also be accepted without her consent. Not even that, joint custody will be accepted unless the mother explains and proves why not give the father temporary leave equal time with his children.
For example, if during the father’s stay, the mother goes on a weekend to celebrate her birthday and wants to take her son with her, the most decent thing to do is to swap days between them, in a way that benefits both parent and child.
Before a divorce proceeding?
If you are about to get divorced it is important that you keep the emotional side of your children in the process, so that they come out with a minimum of emotional damage. To do this you can take professional help, such as a family therapist who will help you get through the crisis.
I want to talk to you about the importance of using a family therapist in order to get through the divorce process while minimizing harm, especially to children. The divorce process can be difficult and painful, especially for children who are experiencing the breakdown of their family unit. The children feel that all their stable ground is crumbling and this hurts their personal security. The process is sometimes accompanied by fears, anxieties and emotional reactions that are not easy. I say that it is also possible otherwise, it is possible to minimize the emotional damage and go through the process of dismantling the family cell in a common, respectful and dignified way that will minimize the damage in the future. My recommendation is to consult with a family therapist on how not to expose the children to parental conduct in the divorce proceedings, how to avoid friction with the spouse in front of the children and how to bring the spouse to a joint meeting for parental cooperation in their conduct in front of the children. Involving a family therapist in your divorce process can make it easier to manage and reduce the discomfort involved.
