In most divorce cases, child custody is one of the most disputed issues. Actually, it is hard for one spouse to allow the other to remain with the child as they part ways. Each parent feels they have more rights to the child than the other causing a sharp disagreement. The first thing that the spouses fighting for child guardianship should look for is an experienced Orange county NC custody attorney.
The lawyer will give you advice to ensure that you maximize on your options. In most cases, the attorney will not change what you want, but will help you know if you are realistic. The attorney also understands the factors that the judges put into consideration while awarding guardianship. It is imperative for you to know these considerations before presenting your case.
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.
The child parent relationship before divorce is also an important factors the judge will evaluate. It is common to find that certain parents are not keen on their kids lives before separation. They only show interest when the marriage is ending. If the judges realize this, they will deny such a parent guardianship since the parents are insincere. It would take an experienced divorce lawyer to convince the judge otherwise
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.
The lawyer will give you advice to ensure that you maximize on your options. In most cases, the attorney will not change what you want, but will help you know if you are realistic. The attorney also understands the factors that the judges put into consideration while awarding guardianship. It is imperative for you to know these considerations before presenting your case.
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.
The child parent relationship before divorce is also an important factors the judge will evaluate. It is common to find that certain parents are not keen on their kids lives before separation. They only show interest when the marriage is ending. If the judges realize this, they will deny such a parent guardianship since the parents are insincere. It would take an experienced divorce lawyer to convince the judge otherwise
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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When you are searching for the facts about an Orange County NC custody attorney, pay a visit to our web pages online today. More details are available at http://www.foillawoffices.com now.
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