How Does a Divorce Attorney Help with Child Custody Issues?

In almost all divorce cases, the situations turn out to be a tug-of-war among spouses with child custody decision. As experienced by divorce attorney in The Woodlands, TX that more than 80% of parents don’t understand that even their well-intentioned clash with custody for children’s ‘best nurturing’ make the daily life of their little ones tongue-tight to express their emotional concern with the inexplicable family warfare.

The seasoned divorce lawyers are well familiar with all these stories, and accordingly, they use the best techniques to examine all concerns as well as evidence, if any and thus design a custody arrangement plan that works for the child’s best interest. While parents come with contradictory opinions, they enlighten the standpoints of family law, a possible consequence of their disagreements and in view of that, make an agreement which is accepted by the judge and found fruitful for the overall development of the child in due course. Thereby, to deal with custody issues, they work on three basic areas which are listed below:

Protect the Child’s Best Interests

The key objective of the custody arrangement should be in view of shielding the ‘child’s best interest’. The legal term defines that the custody plan should be fostering toward a child’s happiness, wellbeing, and advancement. Almost all family courts concur that unless any specific evidence establishes the inability of a parent; typically children are benefited ‘the most’ from having a bond with both parents. Nonetheless, there’re many situations where divorce attorney in The Woodlands, TX and further the court don’t permit shared custody, like the history of a parent’s child abuse or drug addiction can simply rob his/ her custodian right allowing the only right to visitation. By and large, the factors are analyzed to ensure the child’s best interest is well-protected include  The physical, mental, emotional, and financial stability of both parents;

The quality of the relationship with the child that each parent has;

The extent of occupational involvement, lifestyle, and living standard of each parent;

History of domestic violence, brutal conducts, child abuse, drug addiction;

The enthusiasm of the parent while seeking for custody right;

Child’s reasonable preference depending on the child’s age and state rules;

Recommendations from experts like therapists or reliable witnesses;     

Results of consequential future changes; (especially if that affects the child’s schooling or other activities, etc)

Help Modify Your Approach  

Notably, the largest part of divorcing couples are found not conversant with child custody plans like physical custody, shared custody, legal custody or what is visitation right, etc. Aside from educating patents about the purpose of custody and details of custody plans, being professional divorce attorney in The Woodlands TX, they explain clients the plus points and negative sides of their position and what kind of custody right that they can expect under such circumstances.

Since litigation is costly, time taking and unpredictable, divorce lawyers recommend patents to sensibly evaluate how a compromised custody plan that law permits under the current setting is better than the possible emotional damage to the child for moving into the court. Even if your spouse is awarded sole physical custody and share of legal custody, parents should have the positive mindset to make the optimal use of their visitation right or joint legal custody instead of undertaking vindictive actions that can do nothing more depriving them from what they deserve.

Preparation of Child Custody Agreement

Followed by diligent analysis of the above factors, a divorce attorney starts preparation of the child custody agreement which basically highlights the whole parenting plan. Depending on the ability of each parent, what kind of custody plans that they agree and insightful decision-making, a divorce lawyer handling your case can consider the type of custody plan. While joint custody is planned to be mutually shared by both parents, awarding sole physical custody to one parent makes him/her the whole the custodian. In such case, the non-custodian parent is offered visitation right. Equally, legal custody that highlights on the right of a parent to undertake decisions for the child’s education, healthcare, extra-curricular activities, etc. Aside from the type of parental right (sole/shared physical and legal custody), the agreement drawn should outline the mode of visitation schedules like weekends, holidays, etc. it should include information such as, if the visitation should be under supervision or non-supervised, its time limit as well as mode of cancellation and more. The agreement should also include a clause that demonstrates how and under what circumstances, a parent can place a motion for custody modification according to the future change of situations.

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