When you are involved in divorce proceedings, one of the most important elements to consider is child custody. In many instances, the couple who has decided to divorce will be able to reach an agreement concerning child custody and subsequent visitation rights. Clearly this would be the preferred means of working out the matter of child custody, but there are times when the couple cannot reach a mutually agreed upon arrangement. In these situations the courts are left to decide who gets custody of the children, and any time you find yourself going to court for a matter of child custody it is highly advisable to do so with an experienced divorce lawyer representing you.
Many people who are going through a divorce assume that the mother of the children will automatically get custody, but this is simply not true. Under the law neither parent has the inherent right of custody. The judge will examine all of the facts surrounding the situation, which would include the respective emotional bonds between the parents and child or children, the anticipated living situation, previous parental involvement in the lives of the children, and other factors. Few of us will face a situation of greater gravity than that of child custody, particularly when you feel as though you would be able to provide a better home for your child or children than your estranged spouse. A good divorce attorney can make sure that your case for custody is presented as strongly as possible.
Clearly, child custody is one of the most sensitive aspects of a divorce and it is impossible to overstate the impact that this decision will have on the future of your child or children.
Unless you and your “ex-to-be” are in complete agreement, it is absolutely essential that you retain the expertise of an experienced divorce lawyer who will vigorously advocate your right to custody.
If you are involved in a child custody dispute Contact Us so that we may help.