Divorce and bankruptcy are two of life’s most significant challenges. The stakes are even higher when faced with both, especially when children are involved. As you rebuild your financial and personal life, it is essential to grasp how bankruptcy can influence child custody arrangements and vice versa.
Bankruptcy does not directly impact child custody decisions
Declaring bankruptcy can influence several factors that courts consider when determining custody arrangements. Here’s how:
- Financial stability: Courts often look at each parent’s ability to provide for the child’s needs.
- Housing situation: Bankruptcy may lead to foreclosure or eviction, affecting living arrangements.
- Emotional stress: Financial struggles can impact a parent’s mental health and parenting abilities.
- Time availability: Working extra hours to manage debt might reduce time spent with children.
Florida law emphasizes the child’s welfare above all. Courts closely examine each parent’s moral fitness, mental and physical well-being and ability to provide a stable environment.
Again, bankruptcy alone will not disqualify you from gaining custody. Still, it may raise concerns about your financial responsibility and stability.
It is crucial to understand that you cannot discharge child support obligations through bankruptcy. This means you will still be responsible for paying child support, even if you file for bankruptcy. In fact, the bankruptcy court may prioritize child support payments over other debts.
Facing bankruptcy and divorce with robust legal support
Do not let financial struggles put a strain on your relationship with your children. It is essential that you obtain professional legal advice to make sure you are properly addressing both legal challenges. With proper planning and guidance, you can emerge stronger on the other side.
