One of the stressful and emotional parts of separation and divorce is deciding the parent who will keep the kids. Every divorce lawyer will admit that he or she has heard several questions concerning child custody. Most people don’t know about child custody even as they start their custody battles. Fortunately, a divorce lawyer can help you through the process and answer the questions to make the process easier for you than before.
1. What factors do courts consider when deciding who gets custody?
Judges in family courts have only one objective when handling custody battles, which is to safeguard the best interests of a child. With that in mind, judges consider aspects like the age, gender and health condition of a child, the child’s choice if she or he is of a certain age, and the physical and mental health of the parents. Judges look at several other factors including the lifestyle of the parents, emotional bond between the kid and the parent, and the financial status of a parent. You may want to visit Matrimonial Home for more info and insights.
2. Is a mother likely to win custody than a father?
There were family laws in the past that required kids of a specific age to be under the custody of the mother. However, states analyze several factors before deciding a child’s custody irrespective of the parent’s gender. Therefore, fathers can also seek child custody because times have changed.
3. Is there a difference between legal and physical custody?
Well, legal custody is different from physical custody. Physical placement describes the physical residence where the kid will stay most of the time. Legal custody describes the ability of a parent to make crucial decisions regarding the healthcare, education, upbringing, and religion of a child.
4. Will moving out of the house affect the custody case?
The judge will automatically give custody rights to the other parent if he or she learns that you moved out of your home and left the kids behind. The law presumes that your actions indicate that you believe that your partner is the fit parent to take care of the kids. Therefore, you should remain in your home irrespective of the circumstances if you want to win a custody case.
5. Who decides the fair and reasonable concerning child visitation?
The parent with primary custody rights decides the fair and reasonable visitation rights of a child. It is advisable to sign the parental agreements into law to avoid problems with cooperation in the future. It gives parents the chance to set schedules for visitation and set out rules on decision-making to reduce tension between parents in the future.
6. Can only one parent win custody?
Judges often grant custody to both parents if they deem it fit. However, the joint custody can be either as joint legal or physical custody, or both. Both parents agree on issues, such as spiritual, medical and education care under joint legal custody.
