Is child custody an issue in your divorce? Here’s what judges consider before they grant custody…..

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.