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.

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The dynamics of child custody in a divorce case:

The dynamics of child custody in a divorce case

Slide 2:

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 child’s 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 factor’s 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 - https://attorneysarizona.wordpress.com/2017/12/09/the-dynamics-of-child-custody-in-a-divorce-case/

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