Even under the best of circumstances, filing for divorce may have an impact on your children; as their lives and routine can change. If you and your spouse are unable to choose who has sole custody, then a judge will decide the fate for them. Due to the turbulent nature of child custody delegations, it is recommended you hire a family law attorney to represent you. We can help make the process smoother and less painful.
Factors in Visitation & Custody Verdicts
When a judge is deciding which spouse will have custody of children, they make their judgment based on what will be in the children’s best interests. Divorce trials that involve children are drastically more complex compared to those who don’t. By hiring a family law attorney, they can speak up on your behalf during the trial. The judge will also determine the level of visitation rights, and how each spouse will be splitting up time between their children. A judge may consider various factors when it comes to who will receive custody, and they are listed as follows:
Children’s preferences, provided they are over a certain age (age may be different by state)
If there is a history of domestic violence in the home
If there is a history of drug addiction and/or abuse
Which spouse encourages & appears open to frequent visits by the other parent
Children do have certain rights depending on how old they are when it comes to stating their preferences during the custody deliberation. They may have the right to let the court know whom they prefer to live with. Children’s safety and sense of being cared for is paramount above all else.
Forms of Legal Custody
1) Joint Custody – both parents have a responsibility in making decisions for the education, wellness and welfare of their children
2) Sole Custody – one parent has a responsibility to make decisions for their children, without needing to consider the opinion of the other parent
Due to the nature of divorce, child custody and visitation cases, we highly suggest contacting a family law attorney such as the family lawyers Phoenix AZ locals turn to. We can help get you through this challenging period, and may be able to alleviate some weight off of your shoulders too. We can answer any questions you may have within the duration of your trial.
Thanks to authors at The Hildebrand Law Office for their insight into Family Law.