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.
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.
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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