Orange County NC Custody Attorney: Facts A Judge Cannot Ignore In A Child Custody Case

By Linda West


The rate of divorce today is growing by day. When couples resolve to divorce, it is important to follow the right process to avoid issues in the future. There are numerous things entailed in divorce process. One of the things is division of property and children custody. In most cases, kit is common for spouses to feel as if they have the right to keep the children. However, this is not always the case. A Orange county NC custody attorney can help you establish the fate of your kids after separation.

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 first things the judge will put into consideration is the age of children in question. Unlike in the past when the guardianship of children was given to the mothers, today fathers too can have guardianship of their children. However, even a reputable divorce lawyer knows that mothers have higher chances of winning child guardianship where a nursing child is involved.

The court will also look into the way the parent lives. The court cannot award guardianship to parents who will not be able to maintain good living standards to the kids. In most cases, the judges will mostly award custody to the parent who will be living in the house that belonged to the family. This will ensure that the kids lives are not affected. For instance, if the kids used to school in a school nearby, they can be able to go to school without much hassle.

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.

However, before listening to the kid, the judges will have to make sure that the kids of the right age. In many states, the law requires the kids to be at least twelve years of age to be able to make the decision. Also, the judge will pay a lot of attention on the kids view on visitation. If the kids are not around for valid reasons, the divorce attorney can present the preference of the kid during the hearing.

Some parents are very distant to their children. They only pretend to be interested in these kids when they are about to divorce. If you have not been involved in the life of your children, it is not possible for you to get guardianship of the kids. The court will evaluate how you have been relating with the kids. The court will treat your request to get the guardianship of the children insincere if you have never shown interest in your kids before.

The fact is that getting the guardianship of your children during a separation is not a walk in the park. It requires you to proof beyond doubts that you are the most appropriate parent to be with your kids. This will require you to have the contacts of a competent divorce attorney.




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