THE DYNAMICS OF CHILD CUSTODY IN A
DIVORCE CASE
Child custody is a big factor to consider while undergoing separation or divorce. This is
not only a factor that the people undergoing divorce need to consider even attorneys
and judges need to have their best thinking caps on while dealing with child custody
since this is a sensitive issue. Not only legal but emotional and sometimes monetary
factors need to be taken into consideration while awarding child custody to a parent or
a third party. Legal practitioners and judges need to keep the various laws and
legislations along with their logics in mind while deciding on child custody cases.
Almost all states use a standard of “best interest of child” in child custody disputes.
HEARING BOTH THE SIDES BEFORE AWARDING CHILD CUSTODY
A judge will try and ask both the parents to amicably settle the child custody issue
before hand. However if both the parents are adamant on full custody then the judge
will surely give a patient hearing to both the parents through their divorce lawyer or
another lawyer the parents think will be a good bet for them to win the custody of
their child. The judge will then take into consideration a few factors based on law and
his past experience in awarding child custody to one of the parent and making
arrangements for the other parent so that he/she can have an amicable relation with
the child. A divorce attorney will surely help both the parties to present their side to
the judge.
WISH OF THE CHILD IS GIVEN DUE WEIGHTAGE – CONDITIONS APPLY
The wish of a child is considered during the process however the wish will be
considered or not will be a prerogative of the judge. Generally teenagers will have a
much better say in deciding which way to go as considered to younger kids who may
want to stay with a parent who is more lenient and might consider spoiling the kid just
to gain the custody of the kid. However wish of the kids carry very less weight age as
compared to numerous other factors while awarding child custody. Toddlers generally
are left to the car of the mother for the sake of nursing if she is willing to take up the
custody of the kid.
Apart from that if a parent has been absent from a long time in the child’s life and has
developed a strong relationship with the other parent then the court will surely give a
weightage to the one who has a stronger bond with the kid. The absentee parent will
be allowed visitation and will have to pay for the child support. The wish of a child to
stay with the absentee parent might be sidelined especially if the child is small and
wants to run away from the discipline of the present parent.
MONETARY SITUATION OF THE PARENT WILL BE AN IMPORTANT FACTOR IN CHILD
CUSTODY LITIGATION
This is one of the prime factor’s that is considered while awarding child custody by
the court. If a parent has a place to stay and enough funds to sustain the child and
himself the chances of getting the child custody increase manifold compared to a
parent who is either homeless of has an arrangement to stay with someone else for
the time being. Although a divorce attorney will make sure to make his or her client
about the same still one should make arrangements beforehand to sustain the child.
All these factors are important however they are not limiting in a judge while
awarding child custody since there are many other factors that are considered by the
courts before awarding child custody. A divorce attorney will be in a better position
to explain and work with an individual undergoing divorce to take up the child
custody issue if it is not settled amicably out of the court.
Article Resource - https://attorneysarizona.wordpress.com/2017/12/09/thedynamics-of-child-custody-in-a-divorce-case/