Many of us have heard about fights over child custody during divorce. Our first thought is usually not of the anguish of the parents but how the children are affected. When parents battle over custody, everyone loses and children are usually the biggest casualties. It can take months or years for them to recover from their exposure to this situation. This is why having an experienced child custody attorney on your side is so important. They will guide you through the process and help you avoid the pitfalls that so many divorcing couples fall victim to.
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Divorcing parents should think about how to best avoid damaging their children before engaging in a custody fight during divorce. There are ways to win custody without emotionally damaging the ex-spouse or the children. Not every conversation with the former spouse needs to result in an argument. Mediators and attorneys who specialize in family law can help diffuse emotional discussions so the divorcing couple can focus on the facts and work through issues as objectively as possible.
Lawyers Really Do Help Win Child Custody During Divorce
It can be difficult to think clearly when emotions are running high. Both parents may want to win child custody during divorce, causing them to verbally attack each other. This can trickle down to the children, causing the youngsters to side with one parent. The result is an emotional mess that may require therapy to correct. But, a lot of this mess can be avoided if the right attorney is involved.
Getting child custody help from an experienced family law attorney reduces the likelihood of disagreement during custody discussions because they will properly negotiate and draft parenting agreements that both parents may be able to agree on. If parents are able to agree on a custody arrangement, they can save themselves a lot of time and money. They will not need to argue in court, be involved in lengthy hearings and trials, and will only require court approval for the divorce decree and custody order. The former spouses part ways without seriously harming their relationship, which must continue in some capacity for the sake of their children.
Family law attorneys help their clients find common ground by working towards a policy of joint custody, when appropriate. Joint custody allows for both parents to share in the child rearing. In situations where the other parent is considered harmful to the children, child custody attorneys fight for their clients to receive sole custody. Courts generally prefer to grant joint custody in divorce, so having good legal representation can prove invaluable. Children will grow up in a safe and healthy environment with both parents understanding their joint responsibilities.
It can be difficult to win child custody during divorce when the other parent is trying to do the same thing. By having an experienced divorce attorney on your side, you will have the help you need to streamline the process and keep emotions in check. Both parents are more likely to walk away with their desired amount of parenting time and children will feel little  fallout from the divorce and custody discussions. This paves the way for a happier future for all involved. Getting the child custody help you deserve is as simple – connect with an experienced family law attorney today!
It’s great to know that a child custody attorney will be able to help a lot in drafting a parenting agreement. My aunt is planning to file for a divorce but she is willing to share custody with her husband. What is tricky about this is that she is planning to move to a different state after the divorce. I hope she could find an attorney that could help determining if there are state laws that might make the procedure more difficult.
When anyone is considering moving to a different state and divorcing with children at the same time, extra precaution needs to be taken to ensure that the correct steps are taken or the opportunity to do so will be lost.
Moving out of state (or in some states, moving too many miles away but still within the same state) is done through a process called “removal” or “relocation.”
During the child removal or child relocation process, a parent that wishes to move a child far away (or to another state) from the other parent has a lot to prove and a pretty high bar and burden of proof to fulfill.
Generally speaking, the courts believe that it is in a child’s best interests to have a close relationship with both parents. To effectuate that properly, geographic proximity to the other parent is close to being necessary. Living close to each other makes this much easier.
To take a child out of the state, the parent intending to relocate might have various statutory obligations under the law to comply with. Among them will be a notice provision and letting the other parent object or agree to allow the relocation of the minor child.
If the parents do not agree, it is likely the court will eventually set a hearing or trial on the matter. This will likely NOT take place in a very quick manner, it likely will take many months or longer to get to this point and will likely involve therapists and the appointment of a child representative to investigate on behalf of the child and provide an expert opinion to the judge as to what is in the child’s best interests.
Important factors to consider when it comes to relocation of a minor child are the following:
1. Can a good relationship still be kept with the other parent;
2. Will the parent moving away facilitate a relationship between child and that parent once the move happens;
3. Is this in the “child’s best interests” (this carries with it numerous factors);
4. What is the living situation of the child and the parent intending to move away? (Is it significantly better? Or is it the same?)
5. Better schools?
6. More family around?
7. Significantly better job for the parent relocating?
8. And many more factors.
This is not a situation where a parent wants to go it alone. The process of child custody and relocation or removal is extremely complex and requires an experienced divorce attorney to fight for you. Begin by organizing as much as you can and talk to a professional right away.