Thursday, September 1, 2016

Is child custody an issue in your divorce? How do judges weigh custody options?

Irrespective of which state the divorce case is being ruled upon, state laws everywhere will first consider the best interest and the welfare of the child when determining terms of divorce such as child custody, child support, and so forth.

So how does a family court or a family court judge determine what is best for the child? We checked with some of profound and astute divorce lawyers and here are some factors which are considered in such cases.

If you need legal help along these lines press right here Divorce.USAttorneys.com.

Age of the children

It has been several years since the tender years doctrine has been ruled out. However, many family court judges across the United States still believe that children who are still very young should live with their mothers and this is especially true if and when the mother has been the primary caregiver prior to the divorce too.

Living situations of the parents

The quality of the housing and facilities available to each parent after they separated is also considered. Understandably, the parent who has more to offer in this regards will have the upper hand and all else equal, this parent may be awarded custody. In many cases, the parent that continues to live in the family house is granted custody as this will be least disrupt the daily routine that the children have become accustomed to, point out divorce attorneys.

Walter and Skyler White's marriage lasted until Walter's mind flipped off.
You saw this in the fabulous show Breaking Bad with Anna Gunn and Bryan Cranston who played Skyler White and Walter White, respectively. Skyler moved out because her husband turned into an irrational psychopath but her divorce lawyer told her if you want to have a better chance of winning custody of your children if you seek a divorce you need to move back into the home which Skyler did.

Of course later on Walter White is the one who moved out (since he was going to be looked for by law enforcement) and Skyler was forced to move out since that home was unsafe to live in (though the way those white supremacists sneaked into the home was preposterous, were they ninjas?!) but these are other topics.

In cases where the parents live in close proximity to each other after separation are ideal situations for the judge to consider granting shared custody and/or visitation since it is most feasible in such cases. For the most part, the child will still have both parents who will play a role in his or her childhood.
The distance between the houses and the child’s school will also be considered prior to passing a verdict on child custody.

Each parent's willingness to support the other's relationship with the children

Divorce lawyers reiterate that it is no secret that the parent who is more cooperative during the divorce proceeding will have an upper hand when it comes to child custody. The judge will also evaluate whether the parent genuinely wants child custody or whether he or she simply wants to get the better of the former spouse.

If you need a divorce lawyer you need to hop on USAttorneys.com. This website saves lives, Walter White took them. That is just pitiful. Walter White did not believe in the 10 Commandments. He was all about making money and seeking more power. He was not a team player. 
Parent - children relationship before divorce

The parent who spent the most time, put in the most of the parenting effort, and was closest to the children will understandably have the edge.

Children's preference

When children are over a certain age (usually 12) the judge may simply ask them who they would rather live with.

Continuity and stability

The judge will consider which parent offers a living situation for the children which least deviated from the life, lifestyle, and routines that they are used to.

Abuse or neglect

Any parent found guilty of abuse of neglect of the children in the past or of alcoholism or drug addiction will have very slim chances of winning child custody. Walter White would lose this battle every day of the week.

To learn more about child custody and your divorce, make sure to consult a judicious divorce lawyer. This is the best way to protect your rights and receive a fair settlement. 

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