Many divorce cases are messy and emotionally charged. Sometimes an aggrieved partner may try to get back at their partner because of hard feelings. That can lead to poor decision-making and loss of objectivity that affects the direction a separation case takes. Unfortunately, the fight to remain with the kids or take a substantial part of the marital assets has a devastating effect on your children.
Luckily, some statutes in the family law ensure children have fair and equal access to both parents regardless of their mental, physical and financial condition. Below are factors that determine the success of child custody in a divorce case.
Courts recognise the roles both parents play in bringing up children. So, when parents decide to part ways, the court ensures that children have access to their parents when growing up. Often, the judge weighs different aspects of the case before delivering the final decision. They take into account the parent's schedules, the rights of the children and the circumstances of the divorce to provide a ruling that gives responsibility to both parents.
If the judge realises that children have a strong affection towards one parent or differences during visitations, they might grant sole custody to one parent. But, unlike in the past, when most judges favoured women in custody disputes, the situation has changed. Today, many courts make their ruling based on the unique circumstances of each case.
Agreements of Parents
Parents can choose to set aside their differences and focus on their children's interests first. In this agreement, they discuss visitation and custody of the kids to develop a solution that focuses on their children's rights. They write their agreement for legal purposes and proof.
Agreeing on contentious issues with your partner can go a long way in preventing disagreements that can complicate the divorce process. Besides, it makes the process easier because the court will only come in to finalise the agreement. And when you and your spouse are objective from the beginning, it creates an environment of cooperation and understanding and offers your children peace of mind.
Many divorce processes are complicated and challenging. Therefore, it is essential to engage a professional, experienced divorce lawyer in each phase of the case. A reputable lawyer will guide you on the proper procedures to take as outlined in the constitution. Besides, they will guide you in every step to ensure that you get the best visitation and custody ruling from the judge.
Reach out to a local family lawyer to learn more.Share