The dynamics of child custody in a divorce case

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The dynamics of child custody in a divorce case
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Child custody is a big factor to consider while
undergoing separation or divorce. This is not
only a factor that the people undergoing divorce
need to consider even attorneys and judges need
to have their best thinking caps on while dealing
with child custody since this is a sensitive
issue. Not only legal but emotional and sometimes
monetary factors need to be taken into
consideration while awarding child custody to a
parent or a third party. Legal practitioners and
judges need to keep the various laws and
legislations along with their logics in mind
while deciding on child custody cases. Almost all
states use a standard of best interest of child
in child custody disputes. HEARING BOTH THE
SIDES BEFORE AWARDING CHILD CUSTODY A judge will
try and ask both the parents to amicably settle
the child custody issue before hand. However if
both the parents are adamant on full custody then
the judge will surely give a patient hearing to
both the parents through their divorce lawyer or
another lawyer the parents think will be a good
bet for them to win the custody of their child.
The judge will then take into consideration a few
factors based on law and his past experience in
awarding child custody to one of the parent and
making arrangements for the other parent so that
he/she can have an amicable relation with the
child. A divorce attorney will surely help both
the parties to present their side to the judge.
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WISH OF THE CHILD IS GIVEN DUE WEIGHTAGE
CONDITIONS APPLY The wish of a child is
considered during the process however the wish
will be considered or not will be a prerogative
of the judge. Generally teenagers will have a
much better say in deciding which way to go as
considered to younger kids who may want to stay
with a parent who is more lenient and might
consider spoiling the kid just to gain the
custody of the kid. However wish of the kids
carry very less weight age as compared to
numerous other factors while awarding child
custody. Toddlers generally are left to the car
of the mother for the sake of nursing if she is
willing to take up the custody of the kid. Apart
from that if a parent has been absent from a long
time in the childs life and has developed a
strong relationship with the other parent then
the court will surely give a weightage to the one
who has a stronger bond with the kid. The
absentee parent will be allowed visitation and
will have to pay for the child support. The wish
of a child to stay with the absentee parent might
be sidelined especially if the child is small and
wants to run away from the discipline of the
present parent.
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MONETARY SITUATION OF THE PARENT WILL BE AN
IMPORTANT FACTOR IN CHILD CUSTODY
LITIGATION This is one of the prime factors
that is considered while awarding child custody
by the court. If a parent has a place to stay and
enough funds to sustain the child and himself the
chances of getting the child custody increase
manifold compared to a parent who is either
homeless of has an arrangement to stay with
someone else for the time being. Although a
divorce attorney will make sure to make his or
her client about the same still one should make
arrangements beforehand to sustain the
child. All these factors are important however
they are not limiting in a judge while awarding
child custody since there are many other factors
that are considered by the courts before awarding
child custody. A divorce attorney will be in a
better position to explain and work with an
individual undergoing divorce to take up the
child custody issue if it is not settled amicably
out of the court. Article Resource -
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the-dynamics-of-child-custody-in-a-divorce-case/