Divorce is a complicated process, especially when there are children involved. More than anything else, your child(ren)’s overall well-being should be top of mind. You and your ex-spouse will undergo significant changes in your family life, and so are your children. In such cases, you should hire the best divorce lawyers in dealing with child custody and everything else involved in the divorce process.
Like the entire divorce process, child custody cases can be tedious and complicated as well. It will determine whether the child(ren) will live with you or your ex-spouse. Also, child support lawyers will also help you make crucial decisions on raising your children separately.
In some cases, it can also determine whether getting custody of a child that is not biologically yours is possible. If so, several factors will determine to get custody of a child relative with legal assistance from family lawyers. Nevertheless, the child(ren)’s welfare is most crucial in these cases.
How child custody decisions are determined
If you are contemplating divorce, or currently undergoing one, one of the topics that will be discussed is child custody. Included in the child custody agreement are:
- Which parent the child(ren) will stay
- Visitation rights
- Child support (more on financial support for the child or children)
The above factors should be agreed upon by the couple, with the help of other mediators and divorce lawyers. These may also be resolved in two different ways:
- Informal settlement/mediation, which is usually resolved with assistance from lawyers and mutually agreed upon by the ex-couple
- Resolution as per court decision
The process may be different if the couple is unmarried. Majority of states dictate that the mother should be awarded sole custody of the child(ren). However, the father may also take legal actions for him to be awarded the child’s custody or visitation rights.
Unlike married couples, unmarried couples won’t have to go through the complicated divorce process which would also involve spousal support and division of property. Instead, their case will solely focus on child custody. Still, seeking legal assistance from family lawyers may be necessary.
Obtaining custody for a child who is not biologically yours
There are some cases wherein other people including relatives or even a family friend seek custody of the child. It may be referred to as seeking child “guardianship” instead of seeking “custody”. Nevertheless, the process will be different from obtaining custody between married or unmarried couples.
The “non-parental custody petition”, as it is usually called, should be filed by an interested party seeking custody of a child. The applicant should determine his or her relationship with the child(ren), the child(ren)’s parent’s current status and whereabouts, and the reason for intended custody. If the child’s parents are alive and their location is identified, a copy of the petition will then be sent to them as well.
Seeking the child’s best interests
The judge will ultimately decide who will be the child’s primary caretaker fit enough to fill the child’s needs in all aspects. Regardless of whom will the child’s custody be awarded to, the main decision point should be for the child’s best interest and welfare. This is to ensure that the child will grow up into a holistically-healthy adult.
The process may be long and even complicated, but it should be done for the sake of the child. The petitioner should prove that he or she has what it takes to be the child’s primary caretaker. Regardless whether it’s the mother, father, a relative, or someone not related by blood, the child’s welfare is at stake in this case.
Finding a good child custody attorney
Divorce may be a necessary solution to do for everyone’s peace of mind. It can create a major impact on the couple as well as the couple’s child(ren). However, divorce should not be the end of the world for the child(ren) involved.
It can be a trying time in the child(ren)’s young minds, that is why the parents should work together in this case. It can be hard for these couples, but at the end of the day, the child(ren)’s welfare should come first.
In such cases, you should seek legal assistance from the best divorce lawyers in your area. Find top-rated divorce lawyers in Fairfax VA who will explain the laws surrounding child custody and other procedures involved in your divorce case.
