It’s no secret that divorce is hard. Not only does it take an emotional toll on the parents, but it can also be tough on the kids. When parents get divorced, one of the most difficult decisions they have to make is who will get custody of the children.
When the thought of divorce sets in, the preparation for hiring child custody lawyers begins. You should also seek therapy as separated parents during the legal procedures.
There are a lot of factors that go into child custody cases, and it can be difficult to understand all of them. If you’re a parent who is getting divorced, it’s important to understand what factors will be considered in your case. This article takes a look at some of the most important factors that are considered in child custody cases.
Child Custody Lawyers and Battle Process: What Are they About
Parents getting a divorce is never a straightforward process. Although custody battles are often argued and resolved in court, the process is very complicated. In most cases, judges decide who will have custody of a child based on who the child’s biological parent is.
If both parents are biological, there are instances that the child could decide, especially if they are old enough to do so. But if not, child custody lawyers come into play. They do all they can to let the parent they are representing win the case. In the end, based on the provided arguments by both parties, a judge or jury would have the final say.
Who Has Jurisdiction Over a Child Custody Case?
The highest level court in a state has jurisdiction over a child custody case. This means the court has the authority to issue final judgment in the case.
However, if you need help contesting custody in an irretrievable breakdown, contact an experienced child custody lawyer nearby today. A legal procedure can be well dragged, and you’ll need all the legal counsel you can get.
A custody lawyer can explain your options, and answer any questions you may have about the process. Child custody lawyers can advise you on how to approach the casework. Your lawyer can also draw up joint custody vs legal guardianship scenario as a raft of options to consider.
10 Factors Considered in a Child Custody Case
It is important to know the many variables involved in a custody case. If a parent has to go through a divorce, here are some factors the court will consider before granting child custody:
1. The Child’s Age
The child’s age is an important factor in a child custody case. Younger children are more likely to be placed with their mothers, while older children are more likely to be placed with their fathers. However, this rule is not set in stone (it’s flexible).
2. Relationship With Each Parent
The child’s relationship with each parent is also an important factor. The court will look at how close the child is to each parent and whether or not the child has a strong bond with each parent. They will consider the psychological effect of that child with either parent.
3. The Child’s Preference
The child’s preference is also a factor that is considered. If the child is old enough to express a preference, the court will take that into account regardless of the presented cases by both parties’ child custody lawyers. However, the child’s preference is not the only factor that is considered.
4. The Health of the Child
The child’s health and safety is also a factor that is considered. The court will look at whether or not the child will be safe with each parent. A young autistic child may likely be placed with his mother.
5. The Educational Need of the Child
The child’s education is important. The court will look at the type of education the child will receive with each parent. The court will also look at the child’s special needs and whether or not each parent can provide for those needs.
6. Religious Upbringing
The child’s religious upbringing is also a factor that is considered. The court will look at the religion of each parent and whether or not the child will be raised in that religion.
7. Evidence of Domestic Violence
The court considers evidence of domestic violence before granting child custody to a parent. Domestic violence can come in the form of abuse or negligence towards the child in question. No court is going to grant custody of a child to an abusive parent immediately, whatever proof the child custody lawyers presented.
8. Financial Capability of the Parent
The court is going to consider finances before releasing custody of a child to any parent. Your ability to provide for your child’s physical and material well-being will be taken into account. No court will grant custody to a financially incapable parent.
9. Mental Health of the Parent
The court considers the mental health of each parent before making a fun decision. A mentally unstable parent will not be given the right to custody of that child.
10. Cultural Background
The child’s cultural background is also a factor that is considered. The court will look at the culture of each parent and whether or not the child will be raised in that culture.
All of these factors are important when the court is deciding on child custody. If you’re a parent who is getting divorced, it’s important to talk to a child custody lawyer today.
How Custody Cases Are Determined?
No two custody cases are the same. In some cases, the court will use a custody assessment tool to help determine who gets custody based on the arguments presented by child custody lawyers. In other cases, the court will use a parenting plan to help decide who gets custody. In still other cases, the court will decide based on who has the child’s best interest in mind.
What If One Parent Disagrees With the Custody?
As with most things in life, you have the right to object to the placement of your child in the care of a parent. You with your child custody lawyers can object to a placement of any kind, not just a custody agreement.
Asking the court to change the placement or return your child to you isn’t a good idea. The courts don’t make mistakes. Asking the courts to go back to where you got disapproved of and change the placement is a pretty high hurdle to jump.
How Do Parents Respond to a Child Custody Order?
When a judge issues a child custody order, it’s in the best interests of the child for the parents to comply with the order. If the parents don’t comply with the order, the court has several options:
- It can issue an emergency order to return the child to the parent who made the original order.
- It can hold a “violation hearing,” at which the court can hear testimony from a parent and child about whether the parent breached the order.
- It can issue a “preliminary injunction” to stay in the proceedings and allow the parent to comply.
When it comes to child custody, remember the court’s decision is based on the best interest of the child. Nevertheless, if you feel the other parent isn’t a good fit for your child or is overstepping their authority, it’s always best to go to court and hire child custody lawyers. Your child is your greatest asset, and you have the right to seek the best possible care for them.