subject: The Law Offices of Anthony Carbone and Child Custody [print this page] The Law Offices of Anthony Carbone and Child Custody
Divorces involving children are often times emotionally devastating and exhausting. It is highly likely that each parent truly believes what they want is in the best interest of the child. However, the circumstances surrounding the divorce, including hurt feelings and an unrealistically negative attitude about the other parent, can play a large role in these feelings.
Family law courts understand this. Family court judges are experienced in distilling the best interests of a child from the personal opinions of the parents. Divorce can be a brutal ordeal, and the courts are less interested in why each party feels slighted than in what will most benefit the child.
Practical Considerations in Child Custody Battles
The court is given the daunting task of determining what is in the child's best interest. To determine this, the judge will need to consider a number of factors including:
Where each parent lives in proximity to the child's current school
The ability of each parent to provide a safe home
The ability of each parent to provide for economic necessities
The ability of each parent to effectively communicate with the other
The child's support system at each parent's house
To determine these factors, the court may ask for testimony from a variety of individuals who are intimately involved in the child's life, including family friends, grandparents, aunts, uncles, and school teachers. In heavily contested child custody battles, the court may order a Child and Family Investigator (CFI) to assist in determining the best placement for the child.
The Role of a CFI
A CFI will spend time with both parents and the children in different circumstances. Often, the CFI will meet with the parents individually in addition to performing house visits and joint meetings with the parents and children. The CFI will contact family and friends of the parents to corroborate information provided by each parent in an attempt to determine the child's best interests.
The CFI report is not legally binding, but in many cases the courts will give the CFI report significant weight in determining child custody. Once custody is established by the court, an appeal can be filed which will result in additional court fees and the appointment of a new CFI.
Determining child custody is best left between the parents. When the court is required to intervene, the process can become draining on both the parents and the child. In some cases, an amicable solution is simply not attainable. In these instances, having an experienced family law attorney on your side is essential to help ensure the interests of your child are protected.
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