How Child Custody Is Determined In A Divorce
A
family attorney knows very well and can explain to you how child custody is determined by the courts in the event of your divorce.
Divorce requires a restructuring of parental rights and responsibilities in relation to the parents’ children. If the parents can agree to a restructuring arrangement, which they do in 90 percent of divorce custody cases there is no dispute for the court to decide and no family attorneys needed to battle for custody.
In the 10 percent that are not agreed on that do go to court is where a child custody lawyer is needed to state your claim to be the majority parent or custodian. The majority custodian is just the main parent the child lives with.
The courts typically apply a "best interest of the child" standard in determining the restructuring of rights and responsibilities parents will have over their children.
If you are going through child custody proceeding, it is vital to have legal representation from a
child custody lawyer to ensure you retain your rights to your child or children.
The Court’s Purpose in how Child Custody is Determined
- The primary consideration in a child custody evaluation is to assess the individual and family factors that affect the psychological interests of the child in the best way.
- In a child custody evaluation, the child's interests and well-being are paramount. Parents competing for custody may have legitimate concerns, but the child's best interests must prevail and your child custody lawyer must state your case.
- The focus of the evaluation is on parenting capacity, the psychological and developmental needs of the child, and the resulting fit. Your child custody lawyer must show you as a good fit for the child.
What is Important to the Needs of a Child in Divorce Proceedings
The following factors will be taken into consideration by the courts when deciding what is in the child's best interest:
- An assessment of the adults' capacities for parenting, including knowledge, attributes, skills, and abilities
- The adults’ ability to provide necessities for the child like food, clothes and shelter
- The wishes of each child where appropriate. This is usually after the child is of a certain age like 12
- The interaction between each adult and child
- Any past run ins with the law from either parent are also looked at
In the end, the best interest of a child is determined on a case-by-case basis upon consideration of all relevant facts concerning the circumstances of both parents. The use of a child custody lawyer is vital to get the custody rights you seek.
Some Overlooked Factors Courts Take Into Account
Child custody lawyers will not only know the main factors judges look at when determining custody but also some factors that are overlooked or seem unimportant at first glance.
Some include:
- Which parent has the most time available to spend with the child. Courts prefer to give custody to the parent who can be with the child most. Time with a parent is preferred to time with a sitter and a family lawyer knows this.
- Each parent's extended family and ties to the community. Courts prefer that children have grandparents, cousins, friends and neighbors. Parents who move frequently and do not develop these relationships are at a disadvantage, so your child custody lawyer must show you are stable.
- Religion is also important. If a court must choose between a parent who practices a religion and one who does not, the one who practices will be favored. You may not know this, but a family lawyer with experience will.
When heading into a custody battle it is important to have a plan that covers all the basis. A child custody lawyer will ensure you that you have the best representation in court.