There are many things involved in divorce cases. The things are even more for people who have been married for many years. One of the most serious issue people disagree about during separation is who will take custody of the children. This is because every parent tends to feel that he or she has the right to remain with the children after separation. However, it is important to discuss your concerns with a competent Orange county NC custody attorney so as to know your options.
A divorce lawyer may not necessarily undo what the spouses have decided to do, but the lawyer can ensure it happens in a more sober and just manner. When ruling on who should get child guardianship, the judge considers a number of things. Knowing these things can ensure that you understand your chances as far as the case is concerned.
For instance, the first things the judge will put into consideration is the age of children in question. Unlike in the past when the guardianship of children was given to the mothers, today fathers too can have guardianship of their children. However, even a reputable divorce lawyer knows that mothers have higher chances of winning child guardianship where a nursing child is involved.
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 preference of the child is also an important factor judges consider. In a divorce case, children are allowed to make a choice of who they want to live or stay with. However, the jury must be convinced that the children have met the age requirement stipulated by the law.
The age of kids vary depending to state. For instance, in some states a kid can make his or her own decision the moment him or her turns the age of 12years. At this time, the judges cannot make a ruling before they hear the views of the kid. Even when the kid is not around to give their mind, a lawyer can stand in for the kid to ensure that the judge understands the mind of the kind.
The child parent relationship before divorce is also an important factors the judge will evaluate. It is common to find that certain parents are not keen on their kids lives before separation. They only show interest when the marriage is ending. If the judges realize this, they will deny such a parent guardianship since the parents are insincere. It would take an experienced divorce lawyer to convince the judge otherwise
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.
A divorce lawyer may not necessarily undo what the spouses have decided to do, but the lawyer can ensure it happens in a more sober and just manner. When ruling on who should get child guardianship, the judge considers a number of things. Knowing these things can ensure that you understand your chances as far as the case is concerned.
For instance, the first things the judge will put into consideration is the age of children in question. Unlike in the past when the guardianship of children was given to the mothers, today fathers too can have guardianship of their children. However, even a reputable divorce lawyer knows that mothers have higher chances of winning child guardianship where a nursing child is involved.
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 preference of the child is also an important factor judges consider. In a divorce case, children are allowed to make a choice of who they want to live or stay with. However, the jury must be convinced that the children have met the age requirement stipulated by the law.
The age of kids vary depending to state. For instance, in some states a kid can make his or her own decision the moment him or her turns the age of 12years. At this time, the judges cannot make a ruling before they hear the views of the kid. Even when the kid is not around to give their mind, a lawyer can stand in for the kid to ensure that the judge understands the mind of the kind.
The child parent relationship before divorce is also an important factors the judge will evaluate. It is common to find that certain parents are not keen on their kids lives before separation. They only show interest when the marriage is ending. If the judges realize this, they will deny such a parent guardianship since the parents are insincere. It would take an experienced divorce lawyer to convince the judge otherwise
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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