Divorce is stressful enough without having children involved, so when they are, the navigation of child custody is vital, and parents must put their grievances aside to ensure the welfare of the child is taken into consideration. A Garden City child custody lawyer says that there is a fine balance between legal considerations and the emotional well-being of the child and the parents. All too often, they see cases where an impasse has been reached, and no one is willing to compromise, which is when things get acrimonious, and everyone suffers.
Child Custody Law
Child custody law can be complex, and the courts would rather the parents arrive at an amicable arrangement that works for everybody. However, this is often not the case. Often, parents force the courts into making orders of sole custody, physical custody, legal custody, or joint custody while they are still angry and bitter toward each other.
Once these orders have been made, it’s very hard for the courts to go back and change things, so it’s worth taking the time to make calm and rational decisions that are in the best interests of the child.
The Court View
If a case does go before the court, they will be looking for evidence before they determine any custody arrangement. It is down to each parent to show how they are able to provide a stable environment for their child but that they are prepared to cooperate if things don’t go their way.
Depending on the age of the child, their opinion might be taken into consideration, but for younger children, the courts must make their judgment based on how they feel things will pan out in the future and what is best for the child.
Emotional Toll
The whole process of child custody can be incredibly stressful for all involved. It happens all too often, but children are used as a weapon to try and hurt the other parent, and the courts must navigate the myriad of angry complaints and establish whether there is any reason why the child should not have access to both parents. It can get incredibly wrought, and the child is going to suffer, so where at all possible, parents really should try and amicably decide what they can accept.
Look for Ways to Communicate Calmly
Courts are not impressed by anger or venom directed at an ex-spouse but only by the facts that determine the best environment for the child to live in. Parents should consider writing down their reasoning in a calm and rationed way, even asking a friend to step in and take the emotion and anger out of the responses so that they are more reasoned and less irrational.
Divorce is a tough time, but it is vital that both parties understand child custody law and that it’s about prioritising the needs of the child. Take care to seek support during your court hearing and try and remember that your child is the most important factor in the courts who are there to do what is best for them.
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