Divorce is tough on women and it can be all the more stressful if you have kids and want their custody after the separation. One thing that you should understand is that divorce does not have to affect your parental rights. So it makes sense to know your rights and enforce them to get custody of your child even if you are going to be a single mom in the future. Once you have a clear vision, you will be able to handle the custody proceedings better. Here are some factors that can influence the child custody case and get a verdict in your favor.
The child’s preference
Although there isn’t a specific law on how the child’s preferences may affect the court’s decision, they still play a vital role in the verdict. Typically, the choice of an older child carries more weight. Depending on the state where you live, judges may interview kids to understand their opinion. This is usually done in a confidential session or by having a custody evaluator to meet with the child.
Preference of parents
Another factor that has an impact on the decision is the preference of the parent. As you separate, there are options in terms of different types of custody. The separating partners may want joint legal custody which is amicable and gives them the right to make joint decisions about the child. In other cases, you may want sole custody, where you get both physical and legal custody. The court will review such requests and decide what’s best for the child.
The physical and mental health of the parents
Before deciding to grant the custody of the children, the judge would also want to assess the physical and mental health of the parents. After all, they would want a secure future for the kids and someone who is healthy enough will be able to give it to them. Your family law attorney will gather all evidence about your health and wellness to add value to your case. This becomes all the more important if your spouse wants to fight tooth and nail and prove that you are not physically and mentally fit enough to manage the child.
Relationship of children with the parents
The court also considers the apparent relationship they have with the parents. If there is an inclination towards either of the parents, the chances get better for that partner. Facts like the availability and willingness of the parent to take care or spend time with the child also make a difference. As a mother, you can be confident about the custody of your kids if they have a stronger relationship with you as compared to their father.
Ability to provide for the children
Another factor that the court will consider is your ability to provide for the child. Your current employment status and income matter but you can still get the custody as a stay-at-home mom. If the court deems fit, they will give you the custody and also ask your spouse to pay child support for covering the needs of the child. Apart from the finances, factors like living arrangements and the people you live with will also be taken into consideration.
As a mother, your chances of getting custody depends on how well you present your case in the family court. Having a seasoned attorney handling it on your behalf can make all the difference.
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