Considerations in Awarding Custody

Working out the custody arrangement during a divorce is one of the most challenging aspects of the process in question.  Courts can sometimes decide custody based on the best interests of the children, but some of that is going to reside on the parent’s ability to prove their case in court.

In more hostile proceedings a parent might have to demonstrate that they are indeed there to serve the child’s best interests.  Of course this is not always something that the court agrees with, and unfortunately this can lead to disagreements which result in trials.  The use of a solid legal professional who can provide you with advice in these matters is very important, so take them seriously.  In some cases where both parents go after one another enough in court the judge may find that neither parent is fit, and this is why one should be careful to walk a fine line if possible.

If the child is older the court can take that child’s preferences into account with regard to where they want to live and what they want to do.  The different types of custody include legal and physical custody, with legal pertaining to decision making, while physical pertains to who the children will be residing with most of the time.  Sole custody of either type can be awarded to either parent, or they can both be jointly awarded.

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