It can be difficult to win custody during divorce, particularly if the children are living with the other parent. If one parent served as the main caregiver during the marriage and the children are residing with that individual during a marital separation, the other parent will need to prepare a strong custody case. A family law attorney can increase the chance of getting joint custody in divorce when the deck seems stacked against you.
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When parents are going through a divorce, they can easily forget about their children. They may become so focused on dividing property and dealing with legal documents that they do not consider who will care for the children once the divorce is finalized. Children may be living with the parent who has been the primary caregiver but that does not mean this must continue.
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Getting joint custody requires proving that you are emotionally, physically, and financially able to care for your children. A court considers many things when making a custody decision, the main one being what arrangement is in the best interests of the child. With child custody help from a family law attorney, a parent can illustrate that he or she will serve these interests on an ongoing basis.
The ability to win custody in divorce often boils down to which parent offers the most stability in terms of lifestyle. For example, if a father earns a comfortable income and has a nice home in a good school district, he is more likely to win custody than a father who is unemployed and rents a one-bedroom apartment in an undesirable part of town. Children will experience much better lives, provided that this parent is not abusive or working all night.
Many fathers mistakenly think it is hopeless to fight for custody when their children are living elsewhere. They should realize that they are just as entitled to custody, particularly if the mothers are stay-at-home parents with no means of financial support. Fathers should discuss their situations with family law attorneys to determine the best way to request joint custody in divorce.
This type of attorney helps a parent petition for full or partial custody without things becoming ugly. A custody battle in divorce will hurt both the parents and the children, plus it does not make the parents look good in the eyes of the court. By serving as objective intermediaries, experienced family law attorneys help their clients win their custody case, even in difficult situations.
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