What Determines Custody in Divorce?

Custody in DivorceWhat determines child custody in divorce for parents that are nearing the end of their marriage? For parents, a divorce decree normally includes details about where the children will live and outlines visitation arrangements for the other parent. Some parents are able to negotiate these terms themselves while others require child custody help from a mediator or family law attorney. When parents cannot agree even with this help, the court may make the custody decision based on several factors. Speaking with a child custody attorney will put you on the path to getting the rights you deserve.

Child Custody in Divorce Help

The best interest of the child standard is the major determinant of which parent receives child custody during the divorce process. Most cases involve one parent receiving physical custody, meaning that the child will reside with this parent most of the time. Courts may order this parent to share legal custody with the other parent, allowing both parents to make decisions regarding important matters such as the education, medical care, and religion of the child.

Joint custody in divorce, where the child spends regular time with both parents and where both parents have joint decision making authority on how the children are raised, has become more popular in recent decades. Supporters of this believe that it reduces feelings of loss that children of divorce may have. Those who oppose parents getting joint custody believe that the child should have a single home base and the other parent should be allowed to visit with the youth.

Joint custody requires parents to cooperate on childrearing. Courts do not usually grant it unless parents are in agreement and illustrate that they can make joint decisions regarding childrearing. Parents who are involved in a custody fight during divorce are not likely to receive joint custody because they have not shown that they can get along for the sake of the child.

When determining the best interests of the child, courts typically consider which parent was the primary caretaker during the marriage. This is considered important due to the emotional bond that develops, which some psychologists believe is essential to the psychological stability of the child. If the child is old enough to present a logical opinion, the court may take his or her expressed preference into account. Physical and mental health of the parents, culture, religion, lifestyle choices, and the ability to provide a stable home environment may also be considered.

Family Law Attorney’s Can Help with Custody in Divorce!

A parent who wants to win child custody during divorce should realize that all of these factors will be considered. A family law attorney can explain other items that will be reviewed based on the state of residence. Retaining such an attorney for child custody help usually makes it easier to win custody in divorce. Speaking with one of our knowledgeable family law attorneys will help you get the child custody help and advice you deserve.

Protect your Rights
We know you need support and we are here to help! Our team of skilled attorneys and professionals have helped thousands of customers secure their rights and we can do the same for you.

Contact us today for a FREE Confidential Consultation from a Local Attorney.

About the Author
Nicholas Baker is a practicing family law attorney with over a decade of experience handling divorce, child custody, child support, and domestic violence matters in the courtroom. Attorney Nicholas Baker believes in providing family law information for individuals so that they can make an informed decision about their own family law matter.

Leave a Reply

*

Call Now
Free Case Review