Family Attorney
How is child custody determined?
When dealing with a divorce involving children The question of custody is at the heart of the proceedings. The couple can reach an agreement on this issue and in its absence, which happens in many cases, a custody and home claim will be filed. The court will be required to decide the matter. To the issue Custody, it is important to say, also has a direct impact on the amount of alimony to which each of the parents will be charged.
מאת עו״ד ונוטריון יגאל מור
דיוק בייעוץ המשפטי. מצויינות בליווי המשפטי.
Divorce agreement or custody claim?
There is no doubt that the best way to decide on all divorce issues, Is an agreemant of all parties, In order to save Bothe sides The need to conduct a lengthy and costly legal process, which often causes the tensions between the couple. This is especially true Child custody which naturally, Can Lead to a leangthy and protracted legal battle between the couple, And therefore a direct effect of the Welfareof the children. In the event The parties Managed to reach an agreement, this will be anchored in a custody agreement, or as part of a comprehensive divorce agreement. When drafting the agreement, the division of time of stay between the parents, including in the matter of vacations and holidays, must be considered in detail. Also, alongside a clear definition of deadlines, it is also important to leave A place for flexibility, so that the arrangement will be applicable over time and will not provoke disputes between the parties in the future. When no agreement could be reached Whether in this issue, all that remains is to file a custody claim, in which the court is the one that will decide between the parties, when the guiding principle in making a decision is the best interests of the child.
The best interests of the child
This term includes factoring data about the circumstances of the case, which indicate the most appropriate custody arrangement for the child, which will provide him with the most stable emotional and financial environment. In order to understand in each case before him, what is in the best interests of the child, the court will examine, among other things, the nature of the relationship between each of the parents and the child, the degree of parental ability Of each of the parties , the lifestyle and working hours, Financial capacity and more. The child’s opinion, too, has weight distinguishedWhen determining the court on the question of custody, as long as it is mature enough to understand the meaning of the matter and express an opinion. Please note that The best interests of the child are examined not only when a custody claim is filed , so the parties have handed over the decision on the matter to the court, but alsoat the time of a divorce agreement. Why? Since the agreement requires the approval of the court and if it believes that The custody arrangement agreed upon by the parties does not correspond to the best interests of the child, he has the authority not to approve it, although this situation is very rare.
On the relationship between custody and alimony
The child custody arrangement has a direct impact on The amount of alimony . Why? Since it is determined according to three parameters: residence times Of each of the parents with the children , the income ratio of the parents and the extent of the needs of the children. In this regard, it is important to note that the effect of the custody arrangement on the alimony has increased significantly since the rule of equality in the alimony burden set by the Supreme Court in July 2017 in the framework of 919/15. The reason for this is twofold: first, because until then, the alimony liability was primarily imposed on the father, whether the children were in full custody or not. Were they in joint custody and after the ruling, the two parents bear together the obligation of alimony. In addition, since The ruling, the formula for calculating alimony has changed and is no longer based on a dichotomous division of full or joint custody, but on temporary Exact stays, by percentages. Thus, the custody arrangement became even more significant in determining the amount of alimony and varies from case to case, depending on the percentage of length of stay.
In Conclusion
In light of the importance of the matters of custody / residence arrangements, it is highly recommended that professionals with experience in divorce and family law be retained even in the planning stages of the divorce process.
Mor & Co. has an established practice in family law.
Our firm handles complex family law and divorce cases, as well as representation and litigation in court.
With extensive experience in family and divorce law, we also deal with day-to-day issues like child custody, residence arrangements, and the welfare of kids.
Our goal is to do our best and provide our clients with our extensive experience while maintaining and being cautious in all matters concerning the legal process and protecting your interests.
For legal advice in matters related to divorce / custody – residence arrangements / child custody, we invite you to contact us by phone today at 02-595-3322 or WhatsApp at 050-811-6181
