Divorce brings with it all sorts of worries and uncertainties. As a parent, you have all the financial and emotional strains to deal with. Your children also have to accept that their parents will no longer be living under the same roof. As tough as it sounds, you might not be able to salvage a marriage that is not working, so it is best to divorce.
Despite the tension between you and your spouse, you must come together and look for a way of solving the child custody matter peacefully through a family law solicitor for the children's sake. Here are two things that might be of great help in your child custody pursuit.
How the Court Make the Final Decision
When parents cannot decide who stays with the kids despite a legal intervention, the matter is usually moved to court. The judge will then decide who will take custody of the kids and how the other parent will be visiting them.
The judge's decision is purely based on what is best for the children rather than the parents' requests. Although only one parent gets to stay with the children, you and your spouse will technically share the responsibility of supporting the children.
If you disagree on the parenting plan, you might need to solve the dispute in court with the help of a lawyer. The judge's decision on who should stay with the children is based on various factors. In most cases, they will consider the living environment for the children. They will also interrogate you and your spouse to determine who is more suited to stay with the kids based on your financial and physical characteristics.
Additionally, the court must consider the kid's age, gender and medical history. In most cases, a child who is 12 years and above is allowed by the court to choose where they prefer to stay.
How the Judge Handles Your Child's Wishes
Teenagers who are 12 years and above have the right to stay with the parent they would like to stay with. This information assists the court in making its final decision. However, this doesn't mean that the judge will grant the child's wishes. If your teen tells the court why they don't wish to stay with you, it is up to you to make an effort to mend your relationship. In doing so, they might change their mind and decide in your favour.
As you can see, child custody cases are complicated. Therefore, you need a family lawyer to help you develop a strategy to gain custody of your children.
Share23 June 2021
Hello, my name is Victor and last year was one of the worst years of my life. I was going through a tough divorce. I had to work out how to divide my money, the house I owned with my wife as well as organising who was going to get access to the kids. The only thing that got me through this entire experience was my wonderful divorce attorney. He explained exactly what I needed to do to get the best outcome and represented me in court. I'm now ready to move on with my life and make the most of the future.
