From Divorce to Child Custody: Common Cases in Family Law and Their Outcomes

When a couple divorces, they must make decisions about how to raise their children. Child custody is one of the most important and emotional aspects of family law. It can involve a variety of issues, from where the children will live to who makes major decisions about their care. Although these matters are rarely easy, understanding what options are available can help parents navigate the process.

Child custody arrangements vary by state, but most courts favor a situation that keeps the children close to their parents. This may mean joint legal custody with shared physical custody or sole physical custody with rights of visitation for the other parent. When deciding on an arrangement, the court looks at the overall best interests of the child, including a desire to maintain stability for the children. The judge also weighs each parent’s abilities to raise the children and their ability to provide a safe and loving home. The judge will also consider the parent’s living situations and proximity to the children’s schools, social activities and religious organizations.

Traditionally, judges awarded custody to the mother of young children, as she tended to be the primary caregiver. This preference no longer exists, however, and judges will award custody to whichever parent is in the best position to care for a child. In some cases, judges may award custody based on a child’s gender. For example, if the child is a boy, a judge might award the father custody because of his skills in hunting, mechanical training and other activities that boys enjoy.

When deciding on a custody arrangement, the court will often refer to a mediator. During mediation, both parents will meet with the mediator in a give-and-take negotiation. Each side will present their case to the mediator and explain why they believe they are the best parent to have custody of the child or children. The mediator will then create a settlement agreement that both parties must approve. If the parents cannot agree on a settlement, the judge will determine the final custody arrangement in a court hearing.

Parents can file a petition for modification of custody or visitation anytime there is a change in circumstances. The parent who files the request must prove there is a significant change in circumstances and that the change would be in the child’s best interest. Generally, a parent must show the judge there has been a change in housing situations, a new job, a health concern or another substantial reason for the change.

In addition to filing a custody petition, some parents seek custody from relatives or close friends. In these cases, a judge will do a thorough background check and interview the petitioning party before making a decision. The court will usually grant this type of nonparental custody if it is in the child’s best interest, but there are some cases where it will deny this request. Regardless of the outcome, any custody or visitation arrangements are likely to be subject to review in the future.

Family law matters are complex and sensitive, so having a Miami-Dade County family attorneys who you can trust can be helpful. In addition to helping clients through family court proceedings, family lawyers can also assist with mediation and negotiation for non-judicial resolutions of these issues. These alternatives to traditional litigation can be less expensive, more private, and more satisfying for everyone involved.

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