The lawyer will give you advice to ensure that you maximize on your options. In most cases, the attorney will not change what you want, but will help you know if you are realistic. The attorney also understands the factors that the judges put into consideration while awarding guardianship. It is imperative for you to know these considerations before presenting your case.
For instance, the judge will put the age of the child into consideration. In the past, it was obvious that mothers were awarded the guardianship of their children. However, it is possible for fathers as well to get this guardianship. They simply need to have an attorney who can present sold facts in court. However, it is not easy for fathers to get guardianship of nursing children.
The judge will also look unto the living conditions of both parents. In most cases, the judges would not want the lives of the children to change to the worst after separation. They will look at the aspects that will ensure that the lives of the children are not too much affected by the divorce. More often than not, the judges will give custody to the parent who stays in the familys house.
The preference of the child is also an important factor judges consider. In a divorce case, children are allowed to make a choice of who they want to live or stay with. However, the jury must be convinced that the children have met the age requirement stipulated by the law.
The age of kids vary depending to state. For instance, in some states a kid can make his or her own decision the moment him or her turns the age of 12years. At this time, the judges cannot make a ruling before they hear the views of the kid. Even when the kid is not around to give their mind, a lawyer can stand in for the kid to ensure that the judge understands the mind of the kind.
The child parent relationship before divorce is also an important factors the judge will evaluate. It is common to find that certain parents are not keen on their kids lives before separation. They only show interest when the marriage is ending. If the judges realize this, they will deny such a parent guardianship since the parents are insincere. It would take an experienced divorce lawyer to convince the judge otherwise
The fact is that the separation process is a hard nut to crack for many couples. Kids in particular make the process more complicated. For you to gain guardianship over your children, you have to engage an attorney. Take time to ensure that you find the right attorney to stand in for you in court.
About the Author:
No comments:
Post a Comment