Divorce is one of the most stressful events couples can experience. Divorces are difficult and leave a permanent mark on people, not to mention they take a long time to process, cost a lot and are emotionally draining. One particular aspect of a divorce that might arise when children are involved is the battle for custody over a child.
A court can have a very difficult decision to make, depending on many complex questions which need to be addressed before the decision is presented and lawyers can have a very important role in the process. Some of these questions are purely formal like the question of jurisdiction, one of the first issues the court takes upon to solve.
The court must also determine who is the primary care taker and who is in physical custody of the child at the moment of proceeding.
If the child is old enough, the court has to take into account the wishes of the child and has to take care of the fact that divorce and separation from the rest of the family will have a strong impact not just on the child in question, but on the rest of the family as well.
In order to reach a decision in accordance with the law, the court will evaluate a few other important things: parents’ history and background (criminal records are not wanted and can have great impact on final decision), employment status (unemployment is not a good sign) , financial position of each parent and the overall stability of the family as a whole. Hop over here for help in solving this matter.
There is no legal advantage any of the parents have and the decision of the court does not depend on the roles the parents have (mother or father).
Also, custody can be given as a whole – meaning to a single parent completely (sole custody), or custody can be divided (shared custody) or set up as joint custody. Whatever the decision of the court is, it is always formed on the basis of the best interest of the child.Read More »