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How Is Child Custody Determined?
If you are thinking about attempting to get custody of your children, you may wonder how it is even determined in the first place. After a woman gives birth without being married, it is assumed that she is going to take custody of the child and then share it with the father. However, it does not always work that way. Some people give birth and decide to breakup shortly after, which means some type of agreement is necessary to determine who the child will spend his or her time with during certain days.
Each child custody case is unique because no two parents are the same. There are several things that must be considered before everything gets settled. The judge will first want to know if the two parents are willing to work out an agreement. There are some parents who have been able to sit down with their lawyers and a mediator to come up with a custodial agreement. While it works out for some parents, it is not for everyone. There are some people who simply cannot agree to anything, and those cases often must go to court.
The main concern for the judge is making sure that the child has what he or she needs. In fact, the judge will make an attempt to be as fair as possible, but will make sure to do more of a background check on both parents. If one parent has a bit of a record, it does not mean he or she will be denied custody. However, supervised visitation may be necessary. In many cases, the judge grants primary custody to the mother while the father still has rights and gets to see the child on specific days. However, there are some parents who are awarded joint custody, which means they share an equal amount of time with the child.
If the child is old enough, the judge may ask a few questions about his or her home life. The goal is to ensure the little one is receiving a good education, living in a safe home and being treated well by the parents. If any manipulation or abuse has been going on, it will be addressed in the courtroom before a final decision is made. It is often best for the parents to have a healthy co-parenting relationship for their little one. The relationship may not have worked well between the two of them, but that certainly does not mean they cannot work together to raise their child and give him or her that wonderful upbringing. For more information on getting a child custody lawyer in Irvine, visit this website.
Paul advises people on divorce and family law matters. You can find his thoughts at family law news blog.
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