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.
For instance, the judge will put the age of the child into consideration. In the past, it was obvious that mothers were awarded the guardianship of their children. However, it is possible for fathers as well to get this guardianship. They simply need to have an attorney who can present sold facts in court. However, it is not easy for fathers to get guardianship of nursing children.
The Living condition of the parent is also a factor the judge considers. A judge cannot overlook this aspect when ruling out on the child custody. Some judges reason that child guardianship should be granted to the parent who lives in the family home. The reason behind this argument is that a child will find it easier to continue with their daily life in the family home they are used to since a family home is more stable. However, a divorce lawyer may use the schools location, the proximity of the other spouses home and child-parent bond to influence a different outcome of the case.
The kids will also have a role to play as far as guardianship is concerned. Remember the court is interest in the welfare of the kids. If the kids are of age to decide for them, they will be asked to give their opinion and in most cases, their opinion might be final.
However, before listening to the kid, the judges will have to make sure that the kids of the right age. In many states, the law requires the kids to be at least twelve years of age to be able to make the decision. Also, the judge will pay a lot of attention on the kids view on visitation. If the kids are not around for valid reasons, the divorce attorney can present the preference of the kid during the hearing.
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.
For instance, the judge will put the age of the child into consideration. In the past, it was obvious that mothers were awarded the guardianship of their children. However, it is possible for fathers as well to get this guardianship. They simply need to have an attorney who can present sold facts in court. However, it is not easy for fathers to get guardianship of nursing children.
The Living condition of the parent is also a factor the judge considers. A judge cannot overlook this aspect when ruling out on the child custody. Some judges reason that child guardianship should be granted to the parent who lives in the family home. The reason behind this argument is that a child will find it easier to continue with their daily life in the family home they are used to since a family home is more stable. However, a divorce lawyer may use the schools location, the proximity of the other spouses home and child-parent bond to influence a different outcome of the case.
The kids will also have a role to play as far as guardianship is concerned. Remember the court is interest in the welfare of the kids. If the kids are of age to decide for them, they will be asked to give their opinion and in most cases, their opinion might be final.
However, before listening to the kid, the judges will have to make sure that the kids of the right age. In many states, the law requires the kids to be at least twelve years of age to be able to make the decision. Also, the judge will pay a lot of attention on the kids view on visitation. If the kids are not around for valid reasons, the divorce attorney can present the preference of the kid during the hearing.
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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