Divorce can be a traumatizing event for children, and when you and your spouse can get along well enough to make some joint decisions about their future it's always for the best. When it comes to children and divorce, the family court system makes it a high priority to protect them from any negative consequences. As long as you and your spouse are on the same page and can create an agreement, it won't be necessary to involve the courts, but unfortunately, that doesn't always happen. Read on to find out what might happen if the judge has to make a custody decision for you.
How old is your child?
The age of the child is big consideration when all other things are equal, with older children sometimes being allowed to give their opinion of who they want to primarily reside with. When it comes to younger children, however, not a lot has changed in a hundred years; mothers are still primarily awarded custody of babies, toddlers and younger children, unless the mother is grossly unfit to parent. In the past, when mothers frequently stayed home to care for children, it was not surprising that younger children were nearly automatically given to the mother, but there remains some lingering perceptions that these small children should go to the mother. Fathers have every right to seek custody, however, since age of the child is but one factor of many that the judge will consider.
What will the custody expert say?
Judges often need more information about parental fitness and so they turn to custody evaluation experts. These specially-trained mental health experts are appointed by the court to conduct interviews with the child, the parents, and sometimes with other people in the child's life, such as doctors and school personnel. Age appropriate methods are used to tease out information about what parent might be the best physical custodian of the child. Be sure not to be tempted to coach your child, since experienced experts can tell and it will only make you look bad.
Will you get the family home?
Since the courts take into consideration only what is best for the child, the parent who is awarded the family home may have an edge when it comes to custody battles. In terms of a child's welfare, staying put in the same home and the same neighborhood (and school, etc) might give the child some much-needed security during this time of upheaval.
Speak to a divorce attorney, such as at Van Gilder & Trzynka PC , for more information about contested custody.
Share
15 October 2017
Hi there, my name is John Michaels. Welcome to my website about general attorney services. When I was wrapped up in a neighborhood dispute, I decided to consult with a general attorney to receive guidance and support. The attorney helped me understand how to best proceed with the dispute to achieve a mutually-acceptable resolution. Through this experience, I was inspired to share information about the services provided by general attorneys. I invite you to visit my site daily to learn about these important service offerings and their role in your dispute resolution activities. Thank you for coming to visit my site.