Custody Facts to Consider When Getting a Divorce

One of the most difficult aspects of any family law case arises when there are children involved. The state views child custody through a very clinical eye, seeking to ensure that the child or children have the best possible care, and then makes its rulings accordingly. On the other hand, for parents involved in a divorce, the children are far more than just a fact of law. Instead, children are often way more entangled in the divorce than they should be. This can have devastating effects on everyone involved.

Emotions in Child Custody Cases

Whenever there is a child involved, the emotional stakes become much higher. Children tend to elicit feelings of protectiveness and possessiveness. For many parents, these emotions can turn into an endless quest to outdo each other, never more apparent than when they are fighting for child custody in a family law courtroom. However, it is important to set emotions aside and allow the family law practitioners to lay out the best case so the judge can rule based on what is healthiest for the child.

Best for the Child in Family Law

In California and in most of the country, the family law courts are designed to look at myriad factors to make one simple determination; what is in the best interest of the child? The formulas they use to determine this depends on the standing law, case studies, the condition of the children’s living, and any standing arrangements between the spouses. This is important to note long before you go into a protracted child custody battle, because anything you agree to early on may come back later to haunt your later decisions. Having a family law attorney guide you from day one is your best option.

Knowing What Is Best for the Child in a Family Law Case

As a family law attorney, I often work with parents who are extremely angry at their spouse and tend to get even angrier at the courts when the custody cases are decided in a way not entirely in keeping with their desires. What is important to understand when it comes to child custody, family law cases are determined solely on the facts and how the judge interprets them. It is not an emotional decision, nor is it designed to make one or both of the parties angry. The best way to prove your case is to make a logical and legal argument that the parenting plan you are presenting is the best option for the child.

Parenting Plans in Child Custody Cases

A parenting plan is a plan that is laid out by both parties.  It is incredibly detailed and makes note of where the children will be every day until they turn eighteen.  It breaks down holidays, days that the children are exchanged, what time they are exchanged, and where.  This document sets the tone for everything else.  You can also use it as a way to seek primary custody and to list out what other allowances the children need. Financial compensation (child support) is only determined after a parenting plan is approved because the number of days each child is with each parent directly impacts child support. It is important to start this document out the right way, with the help of a seasoned family law attorney.

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