Preparing for a Child Custody Battle...
No one wants to be caught up in a nasty child custody fight. It isn't good for anyone. It's not good for the parties. It's not good for the children involved. But, sometimes, there's no getting around a fight. We've learned through the years that the public has a misconception as to what matters in a child custody case.
One thing to keep in mind is that there is no rule that says that the courts are to favor the mother. This so-called "maternal preference rule" has long been abandoned as discriminatory by our courts. The major consideration the courts consider now is "best interest of the child." This means, the court will weigh and balance a whole slew of factors when deciding to whom custody of your child should be awarded. These include evidence of love, affection, and emotional ties with your child; the length of time your child has lived in your residence; school history; physical health; mental health; the willingness of the parties to cooperate with each other; the previous responsibilities exercised by each parent; and the moral fitness of the parties.
The court can award joint custody, sole custody, or custody to a third party. Most cases are going to fall into the category of joint custody. However, there are some instances where sole custody is appropriate to protect a child's best interests. If you think you are going to be facing a contested custody fight, then you should consult with one of our attorneys who can help you review the facts of your particular case and develop a strategy that gives you the best change for a favorable outcome.
That's all for now! Stay tuned for more @BLF Blog updates!