Stable, loving families are the cornerstones of healthy societies. Unfortunately there are now more single parent families than ever before and the divorce rate keeps increasing every year. Sadly, it is often the children that suffers most during and after divorces. This is especially the case when their parents become involved in a custodial battle. They are under tremendous stress and sometimes struggle to cope. With help from a custody attorney Corvalis couples can make sure that the interests of the children remains of paramount importance.
Once a divorce become inevitable the couple will have to make many important decisions and come to agreements on numerous issues, including the future of their children. In uncontested cases this is often achieved amicably. In contested cases, however, each party will have to argue their position in open court and in the end the court will make the final decisions that need to be made.
Many divorce cases end up in court only because the couple cannot reach any form of agreement on custodial matters. Both parents may want the children to live with them, one parent may feel that too much or too little maintenance is offered or demanded or a parent may be dissatisfied with the circumstances within which the children will live. When neither parent is willing to relent, the fight can become extremely ugly.
If agreement on custodial matters cannot be reached it is best to hire the services of a lawyer that is experienced in handling cases related to custody law. He will assess the case, investigate the circumstances and advise the couple about their rights, the rights of the children and the laws governing such cases. In some cases the lawyer can help the couple reach a sensible agreement that will avoid a protracted battle in open court.
If the matter does proceed to court the final decision will be made by the judge and each partner will have to hire a lawyer to argue their individual cases. Judges often order that the children receive counselling and that a report from the therapist is submitted to court. A report from a social worker may also be demanded before a final decision is made.
Once a court makes a decision on custodial issues, that decision becomes a court order and both partners must abide by the conditions set by the court. A parent may, however, approach the court for amendments to the original decision if he or she feels that circumstances have changed, that the other partner does not abide by the conditions or when the security of the children is deemed to be in jeopardy.
It is also important to note that children, as they grow older, gain an increasing say in where they want to stay. This does not mean that the preference of the child is in his best interest, however. This is why divorced couples need to communicate and collaborate, even if it is just for the well being of their children. They should put up a united front to their children.
Children are all too often the biggest losers in divorce cases. Parents often unscrupulously use them as bargaining chips. This can cause confusion and very often even behavioural disorders. A qualified and experienced lawyer can help to make sure that the rights of the children remain the foremost issue.
Get a list of important things to keep in mind when selecting a custody attorney Corvalis area and more information about an experienced lawyer at http://www.vmlaw.org now.
Author: Janet SnyderThis author has published 1 articles so far.