The Child Is The One Who Counts Most In Child Custody

By: danielperry | Posted: 29th January 2013

Child custody would require the knowledge and expertise of a family lawyer in order to cut through the legal issues surrounding it. When the divorce took place between men and women then it also creates problems to the children associated with them. As the courts would go through the intricacies and divide their properties, one other important matter that should be settled concerns the rights of their children. Every court in the land would emphasize that they would always put the children's best interest when tackling their welfare. The child's health would have to be looked into. Is the child of good physical health? Is the child of sound mind? Is the child old enough or still too young? In addition, what are the other factors that have an impact on the child as a whole?

The ability of the parent to take care of the child's emotional and other needs would also count. In fact, in child custody issues, the parent-child bond is given a lot of consideration. The child living pattern should also be considered when making any decision about his fate and his/ her school, home, community and religious institutions should be considered important when deciding about the fate of the child. In making the final decisions about the child's welfare and future, his preference would also have to be considered. After all, remember that the child's best interests are what should be prioritized.

In an effort to avoid complicated and awkward problems during the separation, parents decide to discuss the physical custody of their children for later. In that case, it is still recommended that the children be always put first. One parent who decides to give up custody of the child over to the other parent can decide to just leave this message to the court. Should the child have to deal with some disruptions or deviations in his or her regular routine at home, school, or at play, the considerations to be made could be left up to the discretion of a judge.

You can file a case in the family court for temporary custody and child support if the breakup took place and one parent leave the home without the consent of the other. If the process is delayed and one parent considers that the other parent is taking away the kid without the parent's knowledge or consent. Some nasty occurrences could take place between the former spouses and it would be up to the family law judge to make sure that both parents are guided accordingly and come up with an agreement that would be good for their child. Most of the time, it is the mother that gets the child custody, especially if the children are still very young. Generally, the custody is with the mother if they are still five years old or younger. Still, this is not really enforced among divorced parents in most states in the United States. In the event an agreement has been reached by the separated parents as to who will have custody of the child, their agreement would prevail over any declaration that the children should spend their first five years with their mother.

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Tags: preference, parents, discretion, best interest, fate, divorce, physical health, welfare, intricacies, men and women, disruptions, deviations, final decisions, family lawyer, physical custody