Skip to main content

How an Attorney Can Help with Divorce and Child Custody Issues

Divorce is without a doubt a very painful process for all the parties involved and can even be more traumatic and frustrating for your kids who are suffering the discomfort of daily arguments at home. Once you have arrive at the conclusion that divorce is the healthiest and most appropriate way to solve your marital problems once and for all, the very next step is to find a good lawyer who can help you put your case together in order to bring it to court.


Hiring an attorney for such cases is very important because neither one of the parties involved will agree with an arrangement where the kids are separated from them, it just doesn't happen. The fight for the kids can be quite hard because both of you have spent an equal amount of time with the children and have equal rights, however the court will decide which parent is better suited to take care of the kids, this decision is based upon many factors.


It is public policy of the state that a minor should have frequent constant with both parents, however when it comes to child custody there are several laws which parents don't know about, knowing these laws is critical because based on their behavior and the many aspects deemed relevant by a court of law, the case brought about will be strengthen or weakened. Some of the factors that judges and divorce courts take in consideration to determine whether a parent is fit to be the custodian of a child are:


- The parent who is more likely to allow the non-custodial parent to visit the children on a regular basis without posing a major obstacle.


- Heavy consideration is given to evidence of child abuse, this is actually quite obvious because the court will place the child in custody of the parent which is better fit to raise the him/her without resorting to physical and emotional violence.


- The court will look at financial records of the parents in order to determine which one will be capable of providing shelter, food, education, health care and other material needs.


- Each parent will be analyzed in order to determine which one is "mentally fit" to raise the children.


The are several factors which the court may deem relevant to each case and since every divorce claim is different hiring an attorney capable of putting your case together and bringing to court will improve your chances to show you are the best person fit to take care of your children.

Comments

Popular posts from this blog

What You Need to Know About Child Custody

In order to better understand child custody, this guide will educate you on the four cases of child custody which are enforced under law. Child custody can be a divisive issue for both parents, especially if it's right after a,messy divorce . It gets complicated in cases where one parent makes much more than another. It also gets complicated if the divorce is forced through the courts, as neither parent can agree to a fair deal and especially who gets custody of the child. In all cases, an experienced divorce lawyer can help. What is physical custody? Physical custody goes to whichever parent has the right for the child to live with them the majority of the time. For example, a mother historically would get physical custody, while the father would be able to get visitation rights. In other cases, both parents have the right for the son or daughter to live with them for extended periods. In some states, this is called joint physical custody. This occurs mostly when the parents ...

The Court Determines Child Custody

A child custody proceeding is any case involving child protection, adoption, guardianship, termination of parental rights or voluntary placement of your child. The support order will be based on the child's needs, obligor's ability to pay, custody arrangements and the child support guidelines. The Criminal Code makes it an offence to abduct a child to spite a custody order. A custody order establishes both the custody and parenting time arrangement for the children. Your child custody order is also confidential. When an unmarried mother has a child, the mother has legal custody of that child until a court says otherwise. During divorce , marriage, or annulment proceedings, the issue of child custody often becomes a matter for the court to determine. The Court must consider the following factors in every child custody decision under the law regarding the best interest of the child. The court retains the power to alter the custody arrangements until the child turns 18 or ...

Divorce, Child Custody, and Family Law - What Not to Do in Your Family Law Case

At the end of a divorce or child custody case, there aren't any "winners" or "losers" in the traditional sense. But often one person walks away feeling as though they attained the better outcome. Many times this outcome is the product of some mistake that the other party made. As a family law attorney, I've seen some hostile cases and I've seen people do some cruel things. Sometimes these actions are physically injurious but, more often than not, they are mentally damaging. In the end, however, they almost always come back to haunt that person. Consequently, if you are involved in a divorce case or a child custody case, don't do any of the following if you want to attain your desired result: 1) Denigrate or abuse your spouse. Nothing makes someone look worse in a family law case than someone who is cruel to their spouse. No, it doesn't necessarily mean that you are "at fault" under the law, at least not with respect to grounds for div...