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.
For instance, the first things the judge will put into consideration is the age of children in question. Unlike in the past when the guardianship of children was given to the mothers, today fathers too can have guardianship of their children. However, even a reputable divorce lawyer knows that mothers have higher chances of winning child guardianship where a nursing child is involved.
The court will also look into the way the parent lives. The court cannot award guardianship to parents who will not be able to maintain good living standards to the kids. In most cases, the judges will mostly award custody to the parent who will be living in the house that belonged to the family. This will ensure that the kids lives are not affected. For instance, if the kids used to school in a school nearby, they can be able to go to school without much hassle.
The preference of the child is also an important factor judges consider. In a divorce case, children are allowed to make a choice of who they want to live or stay with. However, the jury must be convinced that the children have met the age requirement stipulated by the law.
However, before listening to the kid, the judges will have to make sure that the kids of the right age. In many states, the law requires the kids to be at least twelve years of age to be able to make the decision. Also, the judge will pay a lot of attention on the kids view on visitation. If the kids are not around for valid reasons, the divorce attorney can present the preference of the kid during the hearing.
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.
For instance, the first things the judge will put into consideration is the age of children in question. Unlike in the past when the guardianship of children was given to the mothers, today fathers too can have guardianship of their children. However, even a reputable divorce lawyer knows that mothers have higher chances of winning child guardianship where a nursing child is involved.
The court will also look into the way the parent lives. The court cannot award guardianship to parents who will not be able to maintain good living standards to the kids. In most cases, the judges will mostly award custody to the parent who will be living in the house that belonged to the family. This will ensure that the kids lives are not affected. For instance, if the kids used to school in a school nearby, they can be able to go to school without much hassle.
The preference of the child is also an important factor judges consider. In a divorce case, children are allowed to make a choice of who they want to live or stay with. However, the jury must be convinced that the children have met the age requirement stipulated by the law.
However, before listening to the kid, the judges will have to make sure that the kids of the right age. In many states, the law requires the kids to be at least twelve years of age to be able to make the decision. Also, the judge will pay a lot of attention on the kids view on visitation. If the kids are not around for valid reasons, the divorce attorney can present the preference of the kid during the hearing.
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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