For the most part, in
child custody cases that are disputed, judges use the ‘best interest of the
children’ standard to grant custody. There are certain factors that judges
consider when deciding a child custody dispute case,
according to Miami, FL divorce lawyers.
Child’s Age
Judges believe that young children need
to be with their mothers. This is especially true if the child is an infant who
needs constant care which a mother can provide but no more than a father so
this is disputed. Babies should be with their mothers if their mother is
responsible for sure. It just depends on the age of the child as already
indicated.
Parent’s Living Situation
Judges prefer to give custody to parents
who live in the family home so that the children’s daily lives are not
disrupted. This way they continue to enjoy stability in their lives. So if a
parent decides to stay at a friend’s place he/she cannot expect to get custody.
Judges also prefer giving joint custody. Often joint custody is ordered if both
the parents live near one another.
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Moreover, this type of arrangement is
ideal because the child gets to spend an equal amount of quality time with
them. Florida divorce lawyers say that judges also consider factors such as
proximity of the school and centers of extra-curricular activities.
In the show Dexter, Dexter was in this
situation in Miami with his wife Rita Bennett (Julie Benz). Rita left Dexter
since she did not feel she could trust him – well – she told him to live in his
apartment for the time being since he never actually moved out after they were
married which is another story but part of the trust factor here. Family court
would always side with Rita and Dexter knew that – Dexter had other priorities
too.
Dexter was not home much since he had a
time consuming job and he also spent his free time either bowling or hunting
terrible people, serious killers and so on. Dexter was only home for a few
hours of the week when he was not actually sleeping. This is why it was better
for the kids to remain with Rita. Also because the kids were not Dexter’s, they
were from a previous relationship. Dexter ended up taking care of Rita’s ex
too. Dexter made him disappear as well.
Each Parent must allow the Kid to Bond with
the Other
Judges ask parents to submit their
parenting schedule and will try to determine whether they co-operate with each
other or not before granting custody. For example, judges do not like parents
who bad mouth their ex-partners in front of their kids or prevent the other
parent from visiting the kid and interfering with court-ordered visitation
schedule.
Divorce attorneys in Miami, FL also warn
that judges like parents who co-operate with one another and this means if you
make it clear that you are willing to co-operate you have an edge in the fight
for custody. For the most part, parents ought to never try to alienate the kid
from the other parent.
Children’s Relationship with each Parent
before the Divorce
Family law experts reiterate that if a
parent who was hardly interested in the children’s lives suddenly begins to
show interest after the divorce, the judge may begin to doubt their intentions.
Often their concerns are genuine but there are parents who start getting
involved with the kids just to win custody. Their nice persona is just
temporary.
Children’s Preferences
A judge will always ask children over 12
for their preference in terms of custody. There are some states however who
have rejected the idea of the asking the children (that is just ridiculous, why
not just here what they have to say?) to choose a parent while a few states do
endorse the idea. Often a custody evaluator is engaged to determine the child’s
preferences.
Stability and Continuity
Most judges rightly believe that
divorces are disruptive and the children involved are sometimes the worst
victims. This is why judges do not want to destabilize their lives further by
making drastic changes in their daily routines. They often grant custody to
ensure stability and continuity by adhering to the status quo.
Neglect and Abuse
If a judge finds out that a parent is
abusive or neglectful, custody will never be granted to the parent.
No
matter what type of issues you face in your divorce it would be
sagacious to consult a divorce lawyer in South Florida. This is the best way to
solve sensitive issues such as child support, alimony, child custody, and
division of property.
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