A divorce is an ugly aspect of society. Two people who were madly in love at one point can now not stand each other at all. The sufferers in the case of divorce and those that take the most of the impact are the children because they have to leave one parent and stay with another. Which spouse gets to take the children or child depends upon many factors one them is also how qualified and experienced each one’s divorce attorney is.
The Age Of The Children
The most important aspect is the age of the children. If they are nursing children or even toddlers, they will live with their mother because obviously a mother can best cater to the needs of a child when he or she is very small. If the children are above 12, they will be asked which parent they would want to live with and why. This happens in some of the states as many states and the court prefers not to drag children into this matter at all.
The Living Conditions Of The Parent
Divorce affects your life. After a divorce it’s hard for some as it can cause a financial imbalance as well. When two were providing for a family it was easy to make ends meet but for one, it will take to start from square one again. If one parent is facing financial issues or does not have a home to live in then the custody of the children cannot be given to that parent due to the upbringing factor. Many times the parent who has been given the family home is also granted the custody of the children so that there are no disturbances in the children’s life and their day to day routine.
Many times the family home is given to the parent who is granted custody of the children. If you are living in a rented portion or a relative’s guest house or any other shabby place for that matter, then you will not be given the custody of the children. If you really want to live with your children then you should make arrangements for your living condition and atmosphere before a divorce. Also how close you live with your spouse’s home also reflects on the custody of the children.
The Relationship And Acceptance Of The Other Parent With The Child
Cooperation and acceptance of the other parent or the ex-spouse also plays a major role over here. If you are accepting of the other parent’s visitation timing and days and meeting the children and are also more cooperative than the other parent then surely you will have an edge in the custody battle. But if you bad mouth your spouse in front of the children or are making meetings and timing difficult and are not cooperating on anything then you will not get child custody.
Relationship With The Children Before Divorce
This matters a lot. Most of the time, one parent is most involved in the upbringing of the children while the other parent is busy in work, travelling or social life. This leads to a gap in the relationship between the parent and the children. But now suddenly that parent realizes he or she will lose the children and becomes extra affectionate and starts spending more time with the children. This all will be evaluated by the court that which parent was the most thoughtful and responsible one. The mental and physical health will also come in this factor. Also the parent that will give the most stable and loving atmosphere to the children. Obviously the parent who is the most attached with the children will get an upper hand.
If there was any sort of abusive relationship by either parent then the court will not give custody to that parent but will also limit the visitations with the children to avoid a traumatic future. The abuse may be verbal or physical both.
The Providence Factor
The parent who is better able to provide the basic necessities and luxuries including medical and education will be considered after considering all the above factors as well.
Every relationship is different hence every scenario is different. The court may decide what is best for the children looking at all the evidence in your case. You should do your part and consult with a top rated divorce lawyer Fairfax VA.