One of the major issues that can arise from a divorce is child custody. What’s the arrangement going to be? Who will get the kids during the weekend? Wading through child custody procedures can be tough, especially for people who are also going through major life changes at the same time. This is the reason why you need to get your facts straight from an expert who knows the most about child custody. Read on to learn more about the most important child custody questions you should be asking your local lawyers.
What Affects My Chances for Custody?
There are many factors that can affect how the court will award child custody. Some of these key points include:
- The age of the child
- The health of the persons vying for custody
- Emotional development and other needs of the child
- The relationship between the child and the individuals applying for custody
- Any prior record of addiction or instability
State practice can also come into play. There are states that favor joint custody agreements, while other states have a track record for favoring primary custody arrangements and assigning the other parent visitation rights.
Does the Mother Have a Higher Chance of Being Granted Custody?
In the past, most courts were inclined to award custody to mothers, especially if the case involved very young children. Fathers often hesitated to file for custody under the mistaken assumption that custody would automatically go to the mother. Today, more and more judges are inclined to see child custody cases through a gender-neutral lens and determine child custody based on which parent can provide a safe, stable home environment for the child.
Can the Child Choose Which Parent to Live With?
A child under the age of 18 may be given the chance to tell the court why he or she wants to live with a particular parent, but it is up to the court to make the final decision. In California, the court wants to implement frequent and continuing contact with both parents, regardless of the wishes of the child.
Can I Regain Custody If I Lose It?
Yes. A parent who lost custody rights can show the court that he or she is taking steps to become a more competent parent. For instance, holding a steady job, recovering from an addiction, etc. He or she can request a hearing with the court once there is enough evidence that the parent is better suited to raise a child.
Legal Custody vs. Physical Custody: How are they different?
Legal custody is the right to make decisions for the child regarding their health, education and welfare. Physical custody is the right to have the child live with you. Usually, parents have joint legal custody, but depending on the dynamics of the particular family, the court may order joint or sole physical custody.
Your Local Lawyers
A child custody process can be time-consuming and emotionally-draining for all parties concerned. Talk to your local child custody lawyer to learn more about the process and how you can improve your chances of being awarded custody of your child. If you’re in the San Ramon area, we can help. Contact our office at (925) 344-5050.