The overriding consideration in determining child custody is always the best interests of the child. If the child is old enough, the court will talk to him or her before making a decision.
Getting Divorce is already overwhelming enough for the parents involved, so one recommendation is to have a detail parenting plan written determining the responsibilities as well as the living arraignments of the children or child involved. Be sure to include visitation scheduling, where and with whom the children will live, discuss travel/ vacation rules, also how far to live form one anther to have the children close to each parent, and finally if one or the other remarries setting boundaries outlining the role the step parent should have with the children. The parenting plan you and your spouse create will be looked by the court ass the best option because you as parent know your children better then anyone else, therefore the best interest of the child wont be compromised.
Contact a private attorney to help you with the parenting plan, making it official can save you dealing with an ugly custody battle in the future. If you are going to trial there are many things the court will have in mind when deciding the custody agreement in your case.
Factors taken into consideration include:
- Who can offer the most stable home environment?
- Wishes of the child if old enough
- The health of each parent, both physical and mental
- Extended family support
- Best school
- Who was the primary caretaker during the marriage?
- Does either parent use excessive discipline, drink alcohol, use drugs, emotional abuse?
If you are going through a custody battle with your former spouse, contact an experienced Orange County Family Law attorney Amy M Montes is dedicated to assisting parents when it comes to child custody issues and will work with you to make sure you and your children get the care and attention you deserve. We invite you to fill out our online contact form and one of our attorneys will get in touch with you.
