Posts made in May, 2017


Factors that can Affect a Court When Deciding about Child Custody

There are many factors that courts consider when determining divorce-related issues; states, however, differ with regard to which factors count or do not count. This is the same in determining the issue of child custody, except for the fact that all states share one guiding principle: the best interest of the child.

Though what falls within the scope of “in the best interest of the child,” may be contested, the following factors are deemed by many states as necessary:

  • the amount of involvement each parent has in the child’s activities;
  • the level of relationship the child has with each of his/her parents;
  • a parent’s lifestyle, financial stability, and health;
  • factors that can affect a child’s academic performance;
  • the child’s age and gender; and/or,
  • the possible physical, emotional and health risks in the environment where each parent lives.

Divorce can be a very emotional and demoralizing process. Yet, when spouses reach a point in their relationship where still living their future together becomes more of a struggle than a source of happiness and fulfillment, many consider divorce as the only sensible option. But there are many issues that need to be settled due to divorce, such as division of liabilities and assets, alimony, child support and, probably the most painful, the issue on who takes custody of the child.

According to The Maynard Law Firm, “Issues related to the custody of your children may very well be the most important aspect of your divorce. If possible, you and your partner should attempt to agree upon what specific role each of you will play in the lives of your children once the divorce is finalized. While it may be possible to work this out voluntarily, many partners end up going to court for rulings to resolve the disagreements over the custody of their children.”

This is why, when thinking of divorce and intending to have custody of your child, it may be necessary to have a child custody lawyer on your side who can proceed with compassion, yet with underlying firmness and expertise, and who is aware of the sensitivity and the complexity of the issue that need to be settled.

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