Who Wins In A Child Custody Battle?
Family law is the sort of law concerned with family issues with the purpose of bringing peace and harmony in the family. It deals with issues such as the nature of the marriage, spousal abuse, kid adoption and abduction,. child custody and support, divorce, property settlement and parental responsibility and others. During a marriage problems are expected but in other cases, they might be too problematic beyond the point of reconciliation. Here, both parties might opt for divorce. In a divorce the most troubling issue is often the child custody issue, as both parties wish to gain custody. in case they don’t agree, that’s when they seek the intervention of the court.
At the court level there are a variety of elements to be considered before the court decides who is to overcome in the child custody battle.
Preferences of the child in the problem may be considered. The parent the kid is most happy with and likes to live with is of great importance and particularly if the kid is older and has the capability to reason. However a child custody evaluator has to arbitrate in the matter to make sure the kid was not influenced to pick either parent.
The finance capability of both parties is also appraised. Here the court might choose to give custody of the child to the party which has the finance ability to raise the child in the best environment. This mainly includes providing the kid with satisfactory food, shelter, clothing and education amongst others.
Cases of abuse and neglect are also evaluated. If it is discovered that either party has been abusing the child either physically or sexually, the court is likely to deny him/her the child custody. This also applies if the party has additionally been abusing the other party. The court disagrees that if the individual abused their partner, they could abuse the child as well.
The parent-child relationship is an indispensable aspect. Before, it was disagreed that children especially the young ones should be placed in the hands of the number one carer. Nonetheless the pas objected against this opinion as they disagreed that it favored the mas as it is known that mummies are nearest the hearts of their children. So In current day inclusive inquiries are carried out to see which parent has a better bond with their kid and the winner also has good chances of winning the custody battle.
The parent’s mental and physical health has to be established. Before the court grants either party child custody, it has got to ensure that the person is sane and they are physically fit to raise the kid. In case one of the parties suffers from long-term diseases, the other party might emerge the winner as the court may not choose to give custodianship to a person who might die in a short time.
Another vital aspect is the history of the parent’s drug abuse. In case a parent has been or has a record of doing drugs, then they have high prospects of losing the child custody.
Emory Somervale would like to commend the advice offered by attorney Robert R. Kimmel of Kimmel & Batson on family law and divorce issues which he employed in writing this article.
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Tags: attorney, Child Custody, family law and divorce issues, Relationships
