What Factors Does A Judge Consider If We Cannot Agree On A Custody Arrangement And We Have To Go To Court?
Written by: Sterling Law Offices, S.C. in Brookfield, WI. There are many ways on how divorcing parents can deal with the custody disputes. The most recommended way of settling the legal issues concerning child custody is to enter into an agreement. It is an extra-judicial remedy that allows the parties to discuss certain matters without the intervention of the court. During the negotiation phase, the mother and father are usually assisted by their respective legal counsels. The purpose for this is to ensure that the terms discussed are not contrary to law, public policy, and good customs. However, most of the time, both parties cannot come into an agreement who among them is entitled to the custody. This is where the second remedy comes in which is to seek for the aid of the courts. Either of the parents may file the necessary action in the court of law. The lawyer must file the proper pleading as soon as possible in order to get a fast resolution of the disputes. When it comes to deciding the issues pertaining to child custody, the judge hearing the case will take into consideration all the relevant facts and circumstances. In rendering a final issue, the said judge will apply the “best interests of the child” rule or principle. First of all, the age of the children involved will be taken into consideration by the court. The decision will be one which would best result to the mental, physical and emotional development of the kids. The judge will allow each party to present their individual evidence or proof which would convince the court that he or she is the right party to get the custody. The evidence may include testimonies from credible witnesses who can describe the kind of relationship that each parent has with the kids. Another factor that will affect the decision of the court is the availability of the mother or father in raising the children. This means that the judge will also examine the nature of the work of the parents. Moreover, the financial capacity of a particular parent will also be taken into consideration. The purpose for this is to see whether the mother or father can afford to provide for the needs of the children. Nonetheless, it must be noted that an action for child support is different from an action for child custody. These two cases may be tried separately or consolidated in one case. Comments are closed.
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