Issues in Child Custody

For those couples who are divorcing and have children, issues regarding parental behavior and custody agreements can often be the most difficult part of the divorce. Divorce is difficult for couples, but struggling with their personal issues while trying to take care of children who are often hurting as well can be quite overwhelming. Ideally, child custody agreements will be put in place in every case that allow the children to be in the optimal situation for their growth, health, and personal well-being. Unfortunately, sometimes parents do not see eye to eye about how this should best be accomplished. Working with a child custody lawyer can help you to understand the process of determining or negotiating custody and provide you with a voice to represent your views and concerns.

In most child custody cases, the judge will listen to both parents’ views and try to decide which living situation will be most beneficial to the child. It can be hard for a parent whose work demands long, irregular hours or many out of town trips to be awarded primary custody if the other parent works regular hours or is mostly at home.

The opinions of your children can factor into the court’s decision as well. It depends on their age and the location of your divorce, but they may be interviewed for the court about their preferences in living situations. If they are old enough to be interviewed, their answers about where they prefer to live will likely have a significant effect on the court’s decision.

Of course, in some child custody cases, there are serious issues going on with one or both divorcing spouses. If there are allegations of abuse, neglect, substance abuse, or other inappropriate behavior, these will be addressed by the courts. It is imperative that children be placed in a safe living situation. If a judge knows of or suspects these behaviors, they could decide to restrict custody or even visiting rights to the parent whose behavior is in question.

Choosing a child custody attorney who can help you process all the information and decisions that must be made, support you in court proceedings, and offer sound legal advice can make all the difference in what the divorce experience is like for you and your children. A difficult divorce for parents can be an especially difficult one for children, sometimes leaving lasting scars and lifetime pain. Contact the Oceanside child custody lawyers of Fischer & Van Thiel, LLP, at 760-722-7646 today to speak to someone about your legal options.