Wednesday, October 18, 2017

Orange County NC Custody Attorney: Facts A Judge Cannot Ignore In A Child Custody Case

By Linda West


The rate of divorce today is growing by day. When couples resolve to divorce, it is important to follow the right process to avoid issues in the future. There are numerous things entailed in divorce process. One of the things is division of property and children custody. In most cases, kit is common for spouses to feel as if they have the right to keep the children. However, this is not always the case. A Orange county NC custody attorney can help you establish the fate of your kids after separation.

The lawyer will give you advice to ensure that you maximize on your options. In most cases, the attorney will not change what you want, but will help you know if you are realistic. The attorney also understands the factors that the judges put into consideration while awarding guardianship. It is imperative for you to know these considerations before presenting your case.

For instance, the judge will put the age of the child into consideration. In the past, it was obvious that mothers were awarded the guardianship of their children. However, it is possible for fathers as well to get this guardianship. They simply need to have an attorney who can present sold facts in court. However, it is not easy for fathers to get guardianship of nursing children.

The Living condition of the parent is also a factor the judge considers. A judge cannot overlook this aspect when ruling out on the child custody. Some judges reason that child guardianship should be granted to the parent who lives in the family home. The reason behind this argument is that a child will find it easier to continue with their daily life in the family home they are used to since a family home is more stable. However, a divorce lawyer may use the schools location, the proximity of the other spouses home and child-parent bond to influence a different outcome of the case.

Your childrens preference is also a factor the judges will evaluate before according guardianship. Children are not forced into what they do not want. In most cases, the children will be asked to state what they want. This will ensure that the children are comfortable after the separation. It is wrong for parents to coerce children to take their side.

The age of kids vary depending to state. For instance, in some states a kid can make his or her own decision the moment him or her turns the age of 12years. At this time, the judges cannot make a ruling before they hear the views of the kid. Even when the kid is not around to give their mind, a lawyer can stand in for the kid to ensure that the judge understands the mind of the kind.

Some parents are very distant to their children. They only pretend to be interested in these kids when they are about to divorce. If you have not been involved in the life of your children, it is not possible for you to get guardianship of the kids. The court will evaluate how you have been relating with the kids. The court will treat your request to get the guardianship of the children insincere if you have never shown interest in your kids before.

The fact is that getting the guardianship of your children during a separation is not a walk in the park. It requires you to proof beyond doubts that you are the most appropriate parent to be with your kids. This will require you to have the contacts of a competent divorce attorney.




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