During a divorce, parents must make many decisions including who will receive custody of their children. Some parents engage in a custody fight during divorce because both of them want primary custody. There is a better way to settle this issue and it requires bringing in a third party such as a family law attorney. A parent who wants to win custody during divorce can benefit greatly from these legal services.
When parents fight over custody, they may resort to false accusations such as claims of poor parenting skills, substance abuse, or child abuse. This hurts not only their relationship with each other but also their bonds with their children. The best way to win child custody during divorce is to play fair. This means following the legal process, remaining honest, and keeping emotions under control. Having a family law attorney on your side can make this much easier to do.
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There is no standard answer to the question of who receives custody during a divorce. Many factors are involved and most of them center on what is in the best interests of the child. If parents cannot work out custody arrangements themselves and the case goes to court, the judge usually focuses on what the child wants, not what the parents desire.
Factors considered during custody decisions include the relationship of each parent with the child, the lifestyle of each parent, and the ability of each parent to provide for the child from emotional and financial perspectives. Physical and mental health of the parents and the child may also come under consideration. If the child is old enough to make an independent decision, the judge may ask what he or she wants.
When one parent has served as the primary caregiver over the years, this parent has a greater chance of receiving custody. If one parent moves to another geographic area following divorce, this may affect the custody decision, which attempts to maintain the established routine of the child. For example, the parent who lives within the school district of the child’s current school may be more likely to receive custody.
If none of the factors considered during child custody decisions portrays one parent in a much more favorable light, the judge will base the decision on which parent will provide the most stable environment for the child. The ability to win sole custody in divorce often depends on making a strong case with the court. This is when having legal representation really pays off.
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