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

By Linda West


In most divorce cases, child custody is one of the most disputed issues. Actually, it is hard for one spouse to allow the other to remain with the child as they part ways. Each parent feels they have more rights to the child than the other causing a sharp disagreement. The first thing that the spouses fighting for child guardianship should look for is an experienced Orange county NC custody attorney.

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 court will also look into the way the parent lives. The court cannot award guardianship to parents who will not be able to maintain good living standards to the kids. In most cases, the judges will mostly award custody to the parent who will be living in the house that belonged to the family. This will ensure that the kids lives are not affected. For instance, if the kids used to school in a school nearby, they can be able to go to school without much hassle.

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.

In most countries, children can come to court and choose the parent they want to live with if they are 12 years old and above. The judges pay much attention to the childrens view on visitation and guardianship. A guardianship evaluator or a competent divorce lawyer could also inform the judge about the childrens preferences if they are unable to appear in court due to unavoidable circumstances during the hearing session.

The judge will also consider the child-parent relationship prior to divorce. It happens that some parents are not so much involved in the lives of their children before divorce comes. But once the marriage ends, they show strong desire to care for the children if granted guardianship. If a judge discovers that the parent showing strong willingness to care for the children has not been concerned before, they treat the desire as insincere.

The fact is that the separation process is a hard nut to crack for many couples. Kids in particular make the process more complicated. For you to gain guardianship over your children, you have to engage an attorney. Take time to ensure that you find the right attorney to stand in for you in court.




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