The separation of a legally wedded couple is one of the more tricky legal cases. Not only do couples need to think of ways to divide up assets, but they also need to reach a middle ground with the other party regarding different family affairs.
But one of the biggest dilemmas and problems that parents can face during a divorce is child custody. It’s every parents’ responsibility to keep their child safe and secure, especially when they are still learning about the world and growing.
Of course, the law wants to ensure that custody cases are in the child’s best interest. However, legal experts and judges have their personal beliefs and moral compass to what is “best for a child,” which might be vague. Fortunately, there are some determining factors that judges can still consider in the topic of child custody.
So what are some important things that you need to consider when it comes to child custody? Who has the upper hand in the child custody case? Here are some important factors that you can weigh in on.
The Living Situation of the Parents
First and foremost, one of the most important factors to think about in child custody is that the court wants to ensure the child is in safe hands. In most cases, a parent who stays within a stable and permanent family home is granted custody since this has more stability. But there are situations where the breadwinner in the family is awarded the home for the same reason.
But other than who has the financial capability of raising a child, other factors come into play. The distance between you and your spouse’s living space is another factor judges weigh in on.
If you want to increase your odds of having the court by your side, you need professional help. Having expert help and supervision is key in proving to the court that you have the primary facilities and resources to raise your child in a healthy and stable environment.
The last thing judges want is to delegate the child’s care to a parent with an unstable living environment. Fortunately, you won’t have to look far since reputable divorce lawyers are trained and prepared to handle divorce and separation cases. Not only can this help in your chances of getting a child custody case on your side, but this can help expedite the legal process.
The Stability of the Situation
One of the most important things that separating couples will need to consider is the stability of the situation. Although many judges want to uphold the law to its full extent in almost any legal proceedings, they also need to think about what the child thinks of this scenario. In most cases, the transition of divorce can be quite traumatic for children, and this won’t be good for the kid’s future.
The last thing that a judge wants is giving custody to a parent that does not have the financial and emotional capability to raise a child. If you’re going to argue that things are doing fine on your end and it’s more stable than what your spouse can offer, then you have an advantage, especially with visitation schedules and revisions on the custody.
The Age of the Child
In relation to the previous section, many judges believe in the traditional belief that younger children should still live with their mothers. This is especially true for babies that need to be nursed and taken care of by their mothers. In fact, certain studies suggest that judges are more inclined to giving custody to mothers, unless in specific scenarios.
The Child’s Preference
Last but not least, one of the most important factors that both parties need to consider is the child’s preference. Much of the public would say that if the child is old enough, usually within the age of 13, they can start making their own judgment on the issue. It’s important to consider that some states require courts to consider the child’s views.
There are custody evaluators that can help gauge the child’s preference and ensure that this is considered.
Separation and divorce proceedings are not easy to deal with. Not only can this cause a rift in the family, but this can have long-standing consequences for children. In most cases, this can result in emotional and psychological trauma in the long run. Judges, legal experts, and the parents of the child need to be well aware of the situation. They should ensure that the family involved still has a good life ahead of what has happened.
