In most divorce cases, child custody is one of the most disputed issues. Actually, it is hard for one spouse to allow the other to remain with the child as they part ways. Each parent feels they have more rights to the child than the other causing a sharp disagreement. The first thing that the spouses fighting for child guardianship should look for is an experienced Orange county NC custody attorney.
The lawyer will give you advice to ensure that you maximize on your options. In most cases, the attorney will not change what you want, but will help you know if you are realistic. The attorney also understands the factors that the judges put into consideration while awarding guardianship. It is imperative for you to know these considerations before presenting your case.
The first thing the judge considers is the age of the child. Days when it was obvious for the mother to get child guardianship are officially gone. Any parent can win the guardianship of their children based on how the case is argued and the undeniable facts presented. However, most judges still believe that the guardianship of the younger children should be left to the mothers especially if it is proved that the mother has been the primary caregiver all through.
The judge will also look unto the living conditions of both parents. In most cases, the judges would not want the lives of the children to change to the worst after separation. They will look at the aspects that will ensure that the lives of the children are not too much affected by the divorce. More often than not, the judges will give custody to the parent who stays in the familys house.
The kids will also have a role to play as far as guardianship is concerned. Remember the court is interest in the welfare of the kids. If the kids are of age to decide for them, they will be asked to give their opinion and in most cases, their opinion might be final.
In most countries, children can come to court and choose the parent they want to live with if they are 12 years old and above. The judges pay much attention to the childrens view on visitation and guardianship. A guardianship evaluator or a competent divorce lawyer could also inform the judge about the childrens preferences if they are unable to appear in court due to unavoidable circumstances during the hearing session.
The judge will also consider the child-parent relationship prior to divorce. It happens that some parents are not so much involved in the lives of their children before divorce comes. But once the marriage ends, they show strong desire to care for the children if granted guardianship. If a judge discovers that the parent showing strong willingness to care for the children has not been concerned before, they treat the desire as insincere.
The fact is that getting the guardianship of your children during a separation is not a walk in the park. It requires you to proof beyond doubts that you are the most appropriate parent to be with your kids. This will require you to have the contacts of a competent divorce attorney.
The lawyer will give you advice to ensure that you maximize on your options. In most cases, the attorney will not change what you want, but will help you know if you are realistic. The attorney also understands the factors that the judges put into consideration while awarding guardianship. It is imperative for you to know these considerations before presenting your case.
The first thing the judge considers is the age of the child. Days when it was obvious for the mother to get child guardianship are officially gone. Any parent can win the guardianship of their children based on how the case is argued and the undeniable facts presented. However, most judges still believe that the guardianship of the younger children should be left to the mothers especially if it is proved that the mother has been the primary caregiver all through.
The judge will also look unto the living conditions of both parents. In most cases, the judges would not want the lives of the children to change to the worst after separation. They will look at the aspects that will ensure that the lives of the children are not too much affected by the divorce. More often than not, the judges will give custody to the parent who stays in the familys house.
The kids will also have a role to play as far as guardianship is concerned. Remember the court is interest in the welfare of the kids. If the kids are of age to decide for them, they will be asked to give their opinion and in most cases, their opinion might be final.
In most countries, children can come to court and choose the parent they want to live with if they are 12 years old and above. The judges pay much attention to the childrens view on visitation and guardianship. A guardianship evaluator or a competent divorce lawyer could also inform the judge about the childrens preferences if they are unable to appear in court due to unavoidable circumstances during the hearing session.
The judge will also consider the child-parent relationship prior to divorce. It happens that some parents are not so much involved in the lives of their children before divorce comes. But once the marriage ends, they show strong desire to care for the children if granted guardianship. If a judge discovers that the parent showing strong willingness to care for the children has not been concerned before, they treat the desire as insincere.
The fact is that getting the guardianship of your children during a separation is not a walk in the park. It requires you to proof beyond doubts that you are the most appropriate parent to be with your kids. This will require you to have the contacts of a competent divorce attorney.
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