The Custody Battle: What is Best for the Children?
Posted on May 9, 2013 9:09am PDT
If you are a parent of dependent children, divorce may jeopardize your ability to care for these loved ones on a regular basis. As a part of your divorce you will need to negotiate a child custody agreement. There are many different ways that parents go about child custody. Some adults will go head-to-head and battle for sole custody of the children. Others decide to negotiate a joint custody agreement where the child will spend some time with one parent and then with another.
Ultimately, the court will decide what is best for the children who are the subject of the argument, and will then disperse custody privileges as necessary. In order to decipher what parenting situation is best for the children, the court will look at a variety of factors. First, they will want to know if either parent has a criminal history or has problems with addiction. Parents that are addicted to illegal narcotics or that are alcoholics will probably have a difficult time securing custody of the children. The parent may receive visitation time but be limited to this for the time being.
Also, parents with a history of domestic violence will probably need to relinquish their hold on their child. This is because the courts will not place a child with a parent that is abusive in some situations. Also, parents with personality disorders or other significant issues may be eliminated as candidates for custody. When a child is old enough to decide which parent he or she should be with, the court may ask for the child's opinion.
In some states, teenagers have the right to decide which parent they will live with. They can then give their decision to a social worker and it will be communicated to the judge. This can be a lot of pressure for a teenager who may be receiving opinions from both the mother and father. If you hire a family lawyer to work on your case, this attorney can help to be tactful you as you fight for custody of your children. The court will also take into account other important factors such as your financial stability and reliability with money. The court will look at your relationship with the children, and will evaluate whether giving you custody means moving the children to new schools or towns.
As well, the court will look at which spouse invested time in the children during the marriage, and which parent the children seem to favor. In many child custody cases the children are required to meet with a social worker to talk about their parents. If the social worker learns that one parent was verbally abusive or uninvolved in the child's life, then this may be a legitimate reason that that parent would be cut off from custody privileges.
In addition to all of this, the court will look over the history of the divorce. Parents who file at-fault divorces may have a greater chance of keeping the children because they were the victim in the divorce scheme. Whenever you are dealing with a child custody issue, it is essential that you hire a reliable lawyer. You want an attorney who understands your plight and wants to help you as you go through your case. A convincing legal professional can argue that you are a reliable parent in court and may be able to successfully get you custody of your loved ones. Family is one of the most important things in our lives, so don't hesitate to hire an attorney near you to tackle your child custody case today!
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