The rate of divorce today is growing by day. When couples resolve to divorce, it is important to follow the right process to avoid issues in the future. There are numerous things entailed in divorce process. One of the things is division of property and children custody. In most cases, kit is common for spouses to feel as if they have the right to keep the children. However, this is not always the case. A Orange county NC custody attorney can help you establish the fate of your kids after separation.
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.
The first thing the judge considers is the age of the child. Days when it was obvious for the mother to get child guardianship are officially gone. Any parent can win the guardianship of their children based on how the case is argued and the undeniable facts presented. However, most judges still believe that the guardianship of the younger children should be left to the mothers especially if it is proved that the mother has been the primary caregiver all through.
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.
Some parents are very distant to their children. They only pretend to be interested in these kids when they are about to divorce. If you have not been involved in the life of your children, it is not possible for you to get guardianship of the kids. The court will evaluate how you have been relating with the kids. The court will treat your request to get the guardianship of the children insincere if you have never shown interest in your kids before.
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.
The first thing the judge considers is the age of the child. Days when it was obvious for the mother to get child guardianship are officially gone. Any parent can win the guardianship of their children based on how the case is argued and the undeniable facts presented. However, most judges still believe that the guardianship of the younger children should be left to the mothers especially if it is proved that the mother has been the primary caregiver all through.
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.
Some parents are very distant to their children. They only pretend to be interested in these kids when they are about to divorce. If you have not been involved in the life of your children, it is not possible for you to get guardianship of the kids. The court will evaluate how you have been relating with the kids. The court will treat your request to get the guardianship of the children insincere if you have never shown interest in your kids before.
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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