Tuesday, June 29, 2010

Gaining an Edge on the Custody Battle

One of the most painful parts of getting a divorce occurs when the two people have already brought children into the world and have to decide who gets child custody. Child custody issues are usually at the top of the list for debate and cause the most turmoil in the divorce process. When splitting up a family, no matter how much a couple may want out of the marriage, deciding on custody is a terribly difficult decision.

What Exactly Does Custody Entail?
At one time parents shared in all the responsibilities of their children and when considering divorce, all of a sudden both parents are faced with the heartbreaking emotions of who will be the primary caregiver. And although it’s common for mothers to gain custody, more and more fathers in today’s world are choosing to fight for custody. Overall, custody pertains to decision-making authority. Having one parent take sole custody. alleviates concerns regarding the decisions of a child’s life. Custody refers to the person who has the legal right to make the important decisions in the life of a child and addresses most major life issues such as religion, education and health that impact on a child’s life. It also means that the children will live primarily with one parent, although many parents are now opting to share custody. By and large, custody issues cause conflict primarily because most parents want to be in control of where the child lives and how much time the child spends with the parent. For the most part, children do best when each parent plays a role regarding the important factors in the child’s life.

How Custody is Determined
When parents divorce, if there is a fight for custody, a judge will take into account the best interest of the child before making a final decision. Some states have different laws concerning child custody, so when getting a divorce it’s best to check the laws in your particular state. In addition, if both parents have trouble deciding on custody, they should speak with a divorce attorney or mediator who may help them reach a positive agreement.
StraightDivorce Staff

To read this article in its entirety, please click here.

For more information, contact the Family Law Offices of Renee M. Marcelle at (415) 456-4444, or online at http://www.familylawmarin.com/--

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