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Home Child Law

Child Law: How to Decide Who Gets Custody of Your Child

Kate Walton by Kate Walton
May 19, 2023
in Child Law
0

The judge making the final decision must examine many things to determine custody. Among these include how much money is involved and whether any relatives may be willing to take the child into their home. There are thousands of questions and issues to consider when deciding who gets custody of your child after a divorce.

In the event of a divorce, many parents feel out of options and must accept whatever custody agreement is put forward by their ex-spouse. The reality is that there is much more going into deciding who should get custody than you may realize. As a parent, you should be able to make a good decision based on the law and not just on what your spouse says or does.

Article Summary show
Related articles
Keep your kids safe with Car Seat Child Law
Bentleys Law Child Support – How Does It Work?
What is best for your family?
Factors to consider
What is best for your child?
Here are a couple of things to keep in mind:
Here are some guidelines to help you make the best decision for your children:
What happens if you don’t decide?
Who gets custody of the child?
Frequently Asked Questions Custody of Your Child
Top Myths About Custody of Your Child
Conclusion

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We will walk through some of the factors you should consider when deciding who should have custody of your child. The parent granted custody has a much tougher time with negative emotions. The parent denied custody of their child has a much easier time dealing with their negative emotions because they have lost control of their child. Do you want to know what makes someone’s case different?

Custody of Your Child

What is best for your family?

You may not be aware of the factors the court will consider when deciding what is best for your family. You will want to look at the factors listed below before deciding.

Factors to consider

  1. Physical health
  2. Mental health
  3. Age
  4. Education
  5. Income
  6. Job stability
  7. Family size
  8. Number of children
  9. Relatives and other third parties
  10. Home environment

What is best for your child?

First off, what is best for your child? What’s best for your child? That’s a very loaded question, but it’s a question you must answer for yourself.

Here are a couple of things to keep in mind:

* Your child is not a chess piece. You are not playing against your ex to win custody.

* It is okay to ask for more time with your children if you truly think it’s best for them.

It is also important to remember that your children are your responsibility, not just your ex’s. Even if your ex is willing to work things out with you, that doesn’t mean you should relinquish your parental rights. Your children are your future. You must protect them from harm and provide for their needs. If you’re having a hard time answering that question,

Here are some guidelines to help you make the best decision for your children:

  1. What’s best for your child is the thing you want.
  2. If you can’t decide, the court will decide.
  3. Ask your parents or a trusted friend if you’re unsure.
  4. If you’re still not sure, talk to a professional.
  5. If you’re still not sure, don’t do anything.

What happens if you don’t decide?

No matter how much you want to make the decision, there are circumstances where you might be unable to. In such cases, your best option is not to decide. Your ex will select based on their best interest when you don’t choose.

This means you will lose the opportunity to have a say in raising your child. You might think your child’s best interest is to stay with you, but that doesn’t always hold. If your ex is better equipped to raise the child, staying with them could be your child’s best interest.

It’s best to assume that you can’t win in this scenario. In the best-case system, you will lose. In the worst case, you may lose custody. So, what do you do when you’re in a situation where you don’t have a choice? The most important thing is to get a lawyer. You’ll need someone who has experience in dealing with custody issues.

Who gets custody of the child?

You may not be aware of what is going on behind the scenes. If you are considering filing for a divorce, the first step is to decide who gets custody. This can seem unfair, but divorce is a negotiation between both parties. In most cases, one parent is willing to give up the rights to their child to gain more time with their kids.

However, once a decision has been made, the parent left with the child must work out a custody agreement with the other parent. There are many factors to be considered when deciding on a custody agreement. These include child safety, the parent’s mental health, and how well-loved and supported the child is.

Frequently Asked Questions Custody of Your Child

Q: How many child custody cases are heard each year in California?

A: A lot. It depends on what type of case you are involved in. If it’s divorce, the number is around 15,000. The court system gets flooded with those types of cases.

Q: What’s the average custody case length?

A: There are many different custody orders. The most common ones include shared parenting, sole custody, joint custody, and visitation only. Most cases last anywhere from two weeks to one year.

Q: How long does it take to get a custody order?

A: Depending on the type of case, it could take three months or more. A good rule of thumb is to start the process as soon as possible, especially if there is a problem. You should act fast if the mother has been abusive or the father is out of work.

Top Myths About Custody of Your Child

  1. The law will automatically award custody to the parent with the most financial resources.
  2. The law is fair and unbiased.
  3. The law will protect the children from abuse.

Conclusion

Child custody decisions are emotionally charged issues that can cause stress and anxiety. To make it easier to make these decisions, you should seek the help of an experienced family law attorney. I recommend that you talk to someone who has experience with family law. A good lawyer will have helped many families through similar situations and will know what to do to ensure you get the best outcome possible.

Kate Walton

Kate Walton

I am a lawyer. I love to write blogs on my free time. I like to write about all things related to the law. I have always been a writer and have been writing ever since I was in grade school. I believe that learning should be fun, engaging, and interactive. My articles are written for a general audience and contain basic legal information for those who need a quick reference or refresher.

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