There are several issues that a judge
considers prior to determining child custody. States in general follow the
“best interest of the child” standard in disputed
child custody cases. For the most part, this is a nebulous standard,
something that refers to a judge's subjective beliefs on what is best for the
kids. According to Miami, FL divorce lawyers, there are also a few other
factors that a judge might consider.
The
child’s age
A few judges still believe in the
doctrine of the “tender years”, although this has been out of fashion
officially for a while. These judges believe that younger kids ought to live
with their mothers particularly if she is the primary caregiver.
Sometimes, a judge grants custody to the
parent who retains the family house, as the children needs continuity and
stability in their daily lives. At times, a parent who is awarded custody is
also awarded the family house for this reason. So if you are currently living
in your best friend’s guest room while fighting for custody, don’t expect to be
granted primary custody of your children.
The proximity of your home to your
spouse’s can influence a judge’s decision. In such a situation, the judge might
grant a time-sharing plan, giving both parents sufficient time with the
children. Other factors such as the location of the children’s school and their
sports and social activities also matter, in the opinion of divorce attorneys
in Florida.
Parent’s
relationship with the kids
Sometimes it so happens that a parent
who failed to take much interest in the children’s lives shows a strong desire
out of the blue to spend more time with the kids when the marriage is about to
end. In some cases, this could be a genuine desire where the judge would be
willing to respect it, particularly when the parent was devoted to the child
during their period of separation.
In spite of this, the judge is bound to
spend some time in order to assess the parent’s sudden change of heart, to make
sure that the request for custody is not being sought mainly to be a winner against
the other parent, point out divorce lawyers in Miami, FL.
No one wants to see a child suffer and certainly not a divorce lawyer in Miami, FL. |
Neglect
or abuse
If the judge finds proof that one of the
parents neglected or abused the children, then he/she can restrict that parent
from coming into contact with the kids.
They say Adrian Peterson, running back
for the Vikings, abused his child but what is wrong with corporal punishment?
That child may have been doing something very bad and probably was. How much
can a parent take? Sometimes inflicting pain is the best way to break a
terrible habit. There are some people who also say that children become tougher
when receiving a spanking. You certainly do not want to spoil a child, that
never works out good for anyone.
When it comes to litigation
over child custody and support, each situation is different. The
judge might consider other elements too while determining the child custody in
your case. This is why it would be prudent to reach out to a Florida divorce
lawyer. A legal representative well versed in many aspects of child custody law
can help you work towards your goal of obtaining custody and reach a fair
settlement that will not hurt the children concerned in any way.
If you need legal help in these
circumstances, press right here Divorce.USAttorneys.com. When people think
of the Internet in a positive way, it is because of sites like this. Click on
that site now! Get yourself that legal assistance you certainly need.
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