Disputed child custody cases can turn into a long and complicated battle for parents who cannot agree on a child custody plan. All states use “best interest of the child” standard during child custody disputed. This means that child custody will be left for the judge to decide after the judge receives information and comes to his own subjective beliefs about what is best for the children involved. You should always consult with a child custody lawyer if you are involved in a custody case. Pocatello child custody lawyers like Baker And Harris Law have experience in the subject and can provide more detailed information based on your particular situation.
However, there are some factors that you can expect to be considered.
If you are living out of your RV while you are trying to get back on your feet after a divorce, don’t expect to be awarded custody of your children. If you want to spend a significant amount of time with your kids, your living situation has to reflect that – and so do other factors. A judge could take into consideration the proximity of your home to the other parents, how close your home is to the children’s school and extracurricular activities. If you are the spouse keeping the family home, it is likely that you will be grated custody so that the children can maintain stability and can continue on with normal daily living.
Traditionally, the “tender aged” children would be awarded to the mother as the primary caregiver, but this is an outdated decision. However, some judges still believe that younger children need to be with thier mothers more often and will give mothers preference.
If the children are over 12, a judge may talk to them to determine the child’s preference. Depending on the judge and where you are at, this could be a requirement. Some states disapprove of the kids being involved at all. Talk to a child custody lawyer in Pocatello to learn the official rules and procedures a judge might follow in your case.
Your history of cooperating with your child’s other parent and cooperating with a parenting schedule will come into consideration when deciding if the child’s best interest is to be placed with you. Bad mouthing the other parent in front of your kids, interfering with visitation, and trying to alienate a child from a parent will not look good in the eyes of the court and will not help you win a child custody case.
During child custody cases, sometimes an uninvolved parent suddenly wants to spend much more time with their children. For many parents, this is a sincere desire and as long as each parent is committed to parenting their children in a nurturing way, the judge will respect it. But, a judge will want to evalute the new change in the parent’s behavior before making a decision to make sure the sudden change isn’t primrily to win.
If you want to learn more about how your particular child custody case may be handled, contact the child custody lawyers that have experience locally. Baker and Harris Law can help you understand your case and what you need to do to reach a successful close.
(208) 785-2310