During a divorce, parents often ask their lawyers to help them win custody of kids. There is no one best way to win custody and decisions can be made either inside or outside of court. Parents should know their custody rights, understand the factors involved in custody decisions, and do what is best for their children. If a battle over child custody develops, they should have a legal expert on their side. Getting a free consultation from an expert right now is your best bet to fight for your family.
Custody Battle Tips
If a custody battle cannot be resolved through discussions with a lawyer or mediator, it will go to court. A family court judge will hear the case and make a custody decision. Having legal guidance is always recommended and is even more important when a custody case reaches a court. An attorney experienced in custody fights can prepare an excellent case, illustrating why the client should receive custody of the children.
Child custody lawsuits are expensive, lengthy, and may involve witnesses. During these legal proceedings, both parents and children can be placed under a considerable amount of stress. Therefore, most parents want to quickly win custody of kids and move on with their lives. Understanding the factors that courts consider can help a parent increase the chance of being awarded custody.
The best interest of the children is the primary consideration. To determine this, courts look at several factors including the physical and financial ability of each parent to provide children with essentials. Mental and physical medical history of each parent and the children are reviewed. Age and sex of each child is also considered and children at least 12 years old may be asked about their custody preferences.
Though both parents may wish to have custody, the emotional bond between each parent and the children may not be equally strong and this will be considered. Parental habits and vocational choices may also affect a custody decision. Even the willingness of a parent to support the relationship of children with the other parent can have an impact so parents not speak ill of each other.
A custody battle may not be decided by providing one parent with custody. Courts commonly award partial custody to each parent, a situation called joint custody. Parents may receive joint physical custody where children split time between them. They may also have joint legal custody that requires them to agree on decisions affecting the children. Ultimately, the court will decide based on the best interest of each child according to the case presented.