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FACTORS THE COURT CONSIDERS IN CHILD CUSTODY MATTERS

If you have decided to divorce your spouse, there is the need to think hard and long about the consequences of such decisions on every aspect of your life including your finances and family. If after due consideration, divorce appears to be the best possible solution or is a strong possibility, then you may be worried about what the outcome of this case will be with regards to your relationship with your children and may need to speak to a custody attorney Scottsdale AZ.

With divorce being a significant life event, it is understandable that you feel overwhelmed and nervous. However, one of the best decisions you can make is to ensure that you understand the child custody determination process and what to expect from the court before moving forward with the divorce claim.

Below are some of the factors that affect child custody matters you should know about.

The best interest of the child is paramount

While you may be worried about your finances, emotional stress, social stigma, and what not, associated with the divorce proceeding, there is the need for you to come to the understanding that the interest of the children is paramount at this stage. The court is concerned with keeping the children safe and as well-adjusted as possible and this may influence the decision of the judge as he or she will consider carefully every piece of evidence presented, every bit of witness testimony and all motions which have been filed through the legal lens before making a final decision.

The wishes of the parent

The wishes of the parent play a major factor in divorce and as such, the court is able to respect the decision made by the divorcing parents, especially with regards to child custody, visitation times and more. However, in the event the parents fail to reach a suitable agreement, the court reserves the right to take their privileges to decide away while making a final pronouncement based on information and evidence available. It is important to note that even when the parents have agreed, the best interest of the children still trumps their decision.

What has been the status quo

While divorce is expected to bring some certain changes along with it, the family court is more interested in keeping the disruption levels at the barest minimum and this may significantly affect the outcome of the child custody case. This means that all things remaining as they were prior to the divorce, the court may be more likely to rule in favor of the parent who will be getting the residential property and has been the primary caregiver. To ensure that you are not cheated, you will need as much documentation as possible to prove your stakes in the home and also to prove that you have indeed been the primary caregiver over a certain period of time.

The children’s wishes

Another major factor influencing the overall decision of the court is the wishes of the children. While this contributes to a lesser degree, the decision to be made, some states may allow children of minimum ages make some decisions which may overall be considered in the final ruling. However, factors like who can provide a more stable environment, minimal distortion, primary caregiver and related important factors may be given higher preferences in the decision-making process.

To learn more about getting the best outcome from your child custody case, visit https://tiffanyfinalaw.com/child-custody-attorney-scottsdale/

 

 

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