Your child is the most essential part of your life. Once a couple with a child chooses to break up, often the most gut wrenching issue is: who will have custody of the child? Lots of people stay in bad relationships or even marriages in order to avoid this question. The good news is, with the appropriate lawyer at your side, things will work out more often than not.
Courts do their best to try and protect the status quo. If you have got a scenario with a stay-at-home father and a mother who works outside of the home, then the Court is going to award primary custody to the father – unless there is “something else “out there. That “something else” could be substance abuse, mental disorder, family violence, etc. Also, if the care is separated more equally, other factors can come into play, like the high quality of the care, future work requirements, etc.
Courts award parents various rights in custody cases. The most significant one is what people refer to as “custody”. What “custody” refers to can have many different meanings. However, “custody” usually means who has the right to set up the primary residence of the child. A significant factor in a custody case is the amount of time each parent has with the child. Additionally important is the right to make educational, medical, and other decisions. Lastly, a parent who has primary physical custody commonly ends up having the right to collect Child Support from the other parent.
These are generally the 'game changers' that may move custody from one parent to the other. Substance abuse is extremely common. Family Violence is regarded as heavily punished under the law. Mental issues/disorders are the most complex. All these issues in a custody case demand a smart and exceptionally tough attorney on your side to take full advantage of, or defend a claim for custody.
The most reliable element of a case is the testimony of witnesses. They differ greatly in value, but the most efficient ones are the ones that are neutral (such as a neighbor) as they are reluctant to testify. The testimony of your own mother about what an awesome parent you are, and exactly what a b*tch your spouse is often of zero value. We recollect that one of the most disastrous witnesses was a neighbor under subpoena (forced to testify) regarding the mother wandering the neighborhood due to a mental health disability. The neighbor was plainly terrified of the mother, but rarely said the truth to anyone. The dad won the custody once she began to testify.
Children are at times, but rarely, split up. This is disfavored under the law, but certainly not prohibited. Usually this happens when the children are older & closer to adulthood. We have handled quite a few cases like this, but they are very rare.
Choose Your Attorney cautiously. Child custody litigation is also the type of family law where an attorney makes the most difference. It is the most perplexing, tough and vicious type of case. Not a very attorney is ready or willing to go to the lengths necessary to boost a client's chances of victory.
Contact us to learn more and enjoy your child custody needs or child custody. Call our office to schedule a time for consultation at 1800 - 455 - 1026.