Q. What determines who gets child custody after the divorce?
2 Answers
There are plenty of factors that could affect the court’s decision to award custody. The court considers the financial capabilities, mental and emotional stability, and time availability of each parent. Most people assume that primary custody always goes to the mothers, but that’s not always the case. Unfit parents may lose custody, especially if there is a history of abuse.
Anyway, battling it out in court can be damaging to all parties involved, especially the children. A collaborative divorce allows you and your ex to discuss your issues and custody terms in private. In this scenario, you’ll both get a lawyer to sit with you and try to reach an amicable solution that is beneficial to the children while considering your rights, preferences, and schedule. If you’re both willing to compromise, this is a better option than getting the courts involved. Not only does it take a while for judges to make their decision, but they are almost impossible to reverse. If you’re looking for a Florida divorce lawyer who is experienced in collaborative divorces, visit https://thehachelawfirm.com/family-l....answered by lindankelley
As with most legal issues, the details surrounding child custody will depend on which jurisdiction you’re in. There are differences between countries, and there are differences between states in the US. But usually, parents get shared custody by default after a divorce. After the divorce — or even during it — one or both parents can start a legal process to get a different type of custody. Usually, to grant one of the parents sole custody over the child.
The critical factor in determining who ultimately gets custody of the child is usually what is best for the child. For example, a court may look at who the child’s primary caregiver was, how present the other parent has been, whether or not there is a history of abuse, which parents are more financially stable, and more. But again, the details vary based on local law and precedent, so you should read more on a website like this one or get a free consultation from a family law firm. Law firms like Prime Lawyers often offer free case evaluations, which can help you get answers specific to your case and location.
answered by dakotalightfoot