Divorce is a complicated process. It involves dealing with alimony, property and asset division, and child support and custody. You, your soon-to-be-ex-spouse will also have to deal with the stress of settling things in court. Even family members and friends may be affected by your decision to separate for good.
If you are planning to have a divorce, which may not be an easy decision, to begin with, it is better to hire the best divorce lawyers around. Divorce lawyers will help you through the complicated process of divorce – from the court settlements, custody and support, and everything else in between.
The battle for child custody
Child custody can take some time to settle. There are various factors that need to be considered in order to get custodial rights to your child or children. There are also two major types of custody: full custody and joint custody. The former grants physical and legal rights to both parents, while the latter gives the sole custodial rights to one of the parents.
However, you should not let your emotions get in the way during your child custody case. You might have some ill feelings towards your ex-spouse and you will do everything to keep your children away from him/her. You will also need legal expertise from child support lawyers to handle your case. But aiming for child custody should not be the reason not to interact with your ex-spouse anymore.
To be granted child custody, you should seek professional help from the best divorce lawyers available. But there are also factors that will be considered if you want to win the child custody case.
- Preparation level
- Sincere consideration of the child’s interests
- Courtroom demeanor and proper attire
Is there a chance that both parents are not awarded child custody?
The court will have the final say when it comes to child custody. The decision will be based on several factors including the abovementioned list. However, there are also instances wherein neither of the parents is awarded child custody. In other words, child custody will be awarded to someone else instead of either of the parents.
In such cases, third-party custody will commence wherein the custodian can be a relative or a trusted family friend. Third-Party custody might occur due to the following:
- Both parents do not want custodial rights for the child
- Both parents are found to be incapable of supporting the child financially
- Both parents are incarcerated or incapacitated
- Both parents have died
However, third-party custodians would have to undergo a tedious process to be granted legal custodial rights. In such cases, the petitioner (a relative or a family friend) would have to hire skilled family lawyers to fight for the case. The petitioner will have to prove his or her capacity to take care of the child physically, mentally, emotionally, and financially, in the absence of both parents.
Who can be considered non-parent legal custodians?
As mentioned, relatives and family friends can be qualified as non-parent custodians for children whose parents are undergoing a divorce. Most of the time, the grandparents are awarded custodial rights for a child. Their case can be a strong one if the child had lived with the grandparents for a long time.
Aside from grandparents, those who can be considered non-parent legal custodians are:
- Aunts and uncles
- Older siblings that are of legal age
- Same-sex partners
- Trusted family friend
- Other trusted adults who have lived with the child for a long time
Before custodial rights can be given to any of the abovementioned persons, he or she must be granted consent by the biological or legal parents. Furthermore, real parents should encourage establishing a good relationship between the child and the non-parent custodian. The latter should be able to make sound decisions for the child in terms of medical care, education, and being like a “real” parent in general.
Should you hire a lawyer for non-parent custodial issues?
It is recommended to hire family lawyers to help you with this kind of case. They will assist you with the filing legal paperwork. Aside from that, they will also help you in court so you will granted child custody in the absence of the biological parents. Hire top-rated divorce lawyers for your legal queries!