In most divorce cases, child custody is one of the most disputed issues. Actually, it is hard for one spouse to allow the other to remain with the child as they part ways. Each parent feels they have more rights to the child than the other causing a sharp disagreement. The first thing that the spouses fighting for child guardianship should look for is an experienced Orange county NC custody attorney.
The lawyer will give you advice to ensure that you maximize on your options. In most cases, the attorney will not change what you want, but will help you know if you are realistic. The attorney also understands the factors that the judges put into consideration while awarding guardianship. It is imperative for you to know these considerations before presenting your case.
For instance, the judge will put the age of the child into consideration. In the past, it was obvious that mothers were awarded the guardianship of their children. However, it is possible for fathers as well to get this guardianship. They simply need to have an attorney who can present sold facts in court. However, it is not easy for fathers to get guardianship of nursing children.
The judge will also look unto the living conditions of both parents. In most cases, the judges would not want the lives of the children to change to the worst after separation. They will look at the aspects that will ensure that the lives of the children are not too much affected by the divorce. More often than not, the judges will give custody to the parent who stays in the familys house.
The kids will also have a role to play as far as guardianship is concerned. Remember the court is interest in the welfare of the kids. If the kids are of age to decide for them, they will be asked to give their opinion and in most cases, their opinion might be final.
In most countries, children can come to court and choose the parent they want to live with if they are 12 years old and above. The judges pay much attention to the childrens view on visitation and guardianship. A guardianship evaluator or a competent divorce lawyer could also inform the judge about the childrens preferences if they are unable to appear in court due to unavoidable circumstances during the hearing session.
Some parents are very distant to their children. They only pretend to be interested in these kids when they are about to divorce. If you have not been involved in the life of your children, it is not possible for you to get guardianship of the kids. The court will evaluate how you have been relating with the kids. The court will treat your request to get the guardianship of the children insincere if you have never shown interest in your kids before.
Spouses should, therefore, not think they can divorce in the morning and get child guardianship in the afternoon. There is a lengthy legal process to follow. Some of the facts the judges need to rule on the child guardianship case may not be easy to elaborate if a competent divorce lawyer does not intervene.
The lawyer will give you advice to ensure that you maximize on your options. In most cases, the attorney will not change what you want, but will help you know if you are realistic. The attorney also understands the factors that the judges put into consideration while awarding guardianship. It is imperative for you to know these considerations before presenting your case.
For instance, the judge will put the age of the child into consideration. In the past, it was obvious that mothers were awarded the guardianship of their children. However, it is possible for fathers as well to get this guardianship. They simply need to have an attorney who can present sold facts in court. However, it is not easy for fathers to get guardianship of nursing children.
The judge will also look unto the living conditions of both parents. In most cases, the judges would not want the lives of the children to change to the worst after separation. They will look at the aspects that will ensure that the lives of the children are not too much affected by the divorce. More often than not, the judges will give custody to the parent who stays in the familys house.
The kids will also have a role to play as far as guardianship is concerned. Remember the court is interest in the welfare of the kids. If the kids are of age to decide for them, they will be asked to give their opinion and in most cases, their opinion might be final.
In most countries, children can come to court and choose the parent they want to live with if they are 12 years old and above. The judges pay much attention to the childrens view on visitation and guardianship. A guardianship evaluator or a competent divorce lawyer could also inform the judge about the childrens preferences if they are unable to appear in court due to unavoidable circumstances during the hearing session.
Some parents are very distant to their children. They only pretend to be interested in these kids when they are about to divorce. If you have not been involved in the life of your children, it is not possible for you to get guardianship of the kids. The court will evaluate how you have been relating with the kids. The court will treat your request to get the guardianship of the children insincere if you have never shown interest in your kids before.
Spouses should, therefore, not think they can divorce in the morning and get child guardianship in the afternoon. There is a lengthy legal process to follow. Some of the facts the judges need to rule on the child guardianship case may not be easy to elaborate if a competent divorce lawyer does not intervene.
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