The process of child custody can be complicated with so many legal aspects to consider. One needs to be well informed and generally also requires legal help from a family law expert lawyer. The article details the process of custody and important points on how the courts decide on the matter.
When handling a sensitive family matter such as child custody, you will need a lawyer who doesn't just take your money by giving you legal representation but one who can provide you sane advice on how to go about things. You will need a lawyer who properly guides you through your case, letting you know of all the options you have and lead you to the best. If you lose a custody case even after getting the best lawyer, filling all the required documents, attending the hearing, and making your case properly, you must go by the judge's decision in the end.
The process of child custody has evolved with time, with the child's best interest being given priority as opposed to which parent wins the case. In most cases, the custody would be given to the mother unless otherwise until the child attains the age of majority. However, courts are now advising parents to co-parent. This is a situation whereby the child gets to spend quality time with both parents, and both parents also get the chance to be fully involved in their child’s life and upbringing.
Factors that courts consider when awarding custody
The courts consider a few determinants before deciding a child custody case, and we shall discuss them briefly. The court will determine a parent's ability to have and maintain a close relationship with the child. As mentioned before, the best interest of the child is given a priority. Therefore, it is crucial that the parent granted custody is one that the child feels comfortable with and can talk to freely. This will ensure that the child is brought up in a friendly environment.
The moral influence the parent has on the child will also be taken into account. The child needs to be brought up with excellent and positive morals to be a fit member of society. The parent should also have the mental and physical capacity to parent. Any evidence of violence is also determined as the child needs to be brought up in a peaceful environment. The child's age and development stage are also crucial because it is best to leave them to the mother if they are too young. The ability to give the child a constant routine as a parent is also considered and what the child wants and prefers.
One of the major factors that hinder child custody cases is the parents' unwillingness to corporate and work together. As mentioned above, courts are now advising parents to co-parent, whereby both parents get a chance to be fully involved in the child's life. However, sometimes parents make it an even more grueling process by lack of willingness to work together. A child needs to have both parents and not be deprived of either. An amicable solution has to be reached before the custody case is decided to avoid other issues arising.
Any allegations of violence may delay a child custody matter, but this is for good. This is because the court will need to establish whether those claims brought up about a particular parent are valid or not and use that to weigh in on the decision.
In case you are stuck in a child custody battle, do not fail to contact any Florida child custody lawyer.
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