Family law has an entire”section” devoted to child custody, and the legal issues are meant to be tackled by a family lawyer who has the necessary skills and experience to deal with them. It is usually the children who are going to be suffering in case their parents go through a divorce. Protection of the children’s rights and interests would be foremost in the aftermath of the divorce, as the courts are involved in the division of the properties and such.
When it comes to child custody cases, the courts follow certain standards in order to see to it that the children are put first. Of course, the child’s age, gender and health- both mental and physical- would have to be considered. Not only that, external factors such as the parents lifestyles would also be taken into account.
Many child custody cases would also put a lot of stock on the bond formed between a child and a parent and how influential the parent is in the upbringing of the child. Details regarding the child’s living conditions would have to be discussed at length so the best choices would be made. That includes the child’s home, school, neighborhood, and even the community he or she would soon be a part of. The education of the child should be given priority and, in the process of discussing matters affecting him, his input or opinion would also have to be considered.
Never overlook the interests of the child, even if you and your ex-spouse try to move making the physical custody decision at a later date. It is possible for one parent to just give up custody of the child over to the other parent, and this message will be left to the court. If a child would be forced to deal with disruptions to his normal or regular routine, it could be left up to the judge to make the necessary considerations.
If one parent leaves the family home and the separation means making a quick decision with respect to the custody of the child, filing the necessary case with the family court would be needed in order to gain temporary custody of the child. If the process is delayed and one parent considers that the other parent is taking away the kid without the parent’s knowledge or consent. Some nasty occurrences could take place between the former spouses and it would be up to the family law judge to make sure that both parents are guided accordingly and come up with an agreement that would be good for their child. Child custody goes to only mother, is another important matter in the child custody and in past it was experienced that custody of the child in the tender year “about five and under” was mostly awarded to the mother. But it is examined that when parents divorced, this rule of tender year is not accepted or adopted in most of the states in the US. In the event an agreement has been reached by the separated parents as to who will have custody of the child, their agreement would prevail over any declaration that the children should spend their first five years with their mother.
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Author: Danny MathewThis author has published 1 articles so far.