Divorce and Child Custody

Divorce and CustodyWhen it comes to going through a divorce, one of the most argued over points is often who will be awarded custody of the children. We often think more about the anguish of the children than we do about the frustration of parents. When there is a battle of custody, the children are much more affected than the parents and it can often take months or years for children to bounce back from the fighting and uncertainty that can often surround a bitter custody battle during a divorce.

Before engaging in this type of court battle, it is important for parents to consider how this may affect their children and truly work to come to an agreeable arrangement for both the children and the parents peacefully. Although this will be an emotional time for both parties, family law attorneys and mediators are highly trained to help diffuse these situations and help the parents work toward an agreement without argument. When this can be accomplished, both the children and parents win.

When both parents wish to have primary custody of the children, it can often cause arguments between the parties and cause emotions to spin out of control. In some cases, bitter verbal altercations and name calling will occur – this will often filter down to the children involved and may cause them to take the side of one parent over the other. When children are placed in this kind of tense emotional state, it can often cause them psychological damage that may need to be treated by therapy down the line.

To help reduce the likelihood of an argument or bitter disagreement during a child custody case, it is often helpful to bring in a knowledgeable third party attorney or mediator to help settle the custody agreement calmly and amicably. If parents are able to agree on a custody arrangement themselves outside of court, they can often save a lot of time and money. If this is the case, they will not need to present their arrangement in court and will only need approval for the divorce and custody order.

Family law attorneys can be helpful in arranging joint custody when the parents cannot reach an agreement on their own and can also help one parent win sole custody if the other parent may be considered harmful to the children’s safety or unable to raise them in the proper manner. Courts will rarely grant sole custody to one parent, so it is important to have legal representation to build this case and win over the judge so that the children will grow up in a safe, healthy environment.

When both parents want custody of the children during a divorce it can be a very difficult situation for everyone, the children included, to be in. Bringing in legal representation to help explain the parent’s rights and streamline the process can often make it much easier for both parties to come to an agreeable arrangement. In these cases, both parents are likely to walk away with the amount of time with their children that they desire without having hard feeling or arguments with the other parent.

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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.

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