The following form is a Petition that adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.
This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
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While you are entitled to your privacy, they will likely want to know why you are divorcing. Giving them a brief, age-appropriate answer can help clarify the situation. Remind them that you love them. Your children, especially those that are younger, need this reassurance.
You may want to explain that getting a divorce was a hard decision, and that you tried very hard to fix your problems. Some parents explain why their relationship is ending when they tell the children about the separation or divorce. It's OK if you aren't ready to talk about the exact reasons why you're separating.
Help your child express their feelings. Encourage them to be honest and acknowledge their feelings. Talking about divorce may be an ongoing process. Let them know they have no fault in the divorce. It is normal for them to express feelings of anger, resentment, depression or anxiety.
Acknowledge their feelings, and let them know that you can see that they are suffering. Express regret that the divorce has caused them pain. Don't overly focus on your own emotions, but you can say that divorce is hard for everyone. If you focus on your own feelings, your children will feel guilty and/or vindicated.
Joint legal custody means that each parent has equal rights to make decisions in the best interest of the child. Sole legal custody means one parent has the primary power to make decisions affecting the health, education, and welfare of the child.
Divorce with school-aged kids (5 to 13 years old) The school-aged years are probably the worst age for divorce for children; the potential for emotional trauma from divorce is highest at age 11.
Emphasize that divorce is an adult decision that came from adult problems that have nothing to do with them. Older children may need more explanation but spare them the details. If your marriage ended due to infidelity, for example, explain that the relationship ended due to a breakdown of trust.
To award sole legal custody to a parent, the judge must find that it is not in the child's best interests for both parents to have equal rights in making decisions about the child. The court record must include specific findings of fact supporting the decision to award sole legal custody.
