subject: How to Make Child Custody Cases Less Stressful [print this page] How to Make Child Custody Cases Less Stressful
Dean Betts is a Georgetown, DE family law attorney who practices at The Betts Law Firm, P. A. According to Betts, custody issues tend to be the most emotionally charged issues in the breakup of a marriage. Here, he discusses how a good attorney can make a child custody case less stressful, emphasizing the importance of concentrating on the child's best interest.
When it comes to divorce, issues regarding the division of marital property, alimony, and custody of the parties' children must be determined. In many cases, it goes without saying that custody issues are often the most highly-charged.
Eight Statutory Factors
Typically, the Court will determine where the children will reside, and with whom the children will reside, in accordance with each child's best interest. In determining that interest of the child, the Court considers all relevant factors including eight statutory factors. They are:
The wishes of the child's parents;
The wishes of the child and the relationship of the child with the parents;
Any other residences of the parent's household;
The child's adjustment to home, school and community;
The mental and physical health of all individuals involved;
The past and present compliance by both parents with their rights and responsibilities to the child;
Evidence of domestic violence;
The criminal history of both parties.
The court does not presume that a parent, because of his or her sex, is better qualified than the other parent to act as custodian to the child.
Visitation Statutes
In addition to issues that come up with regard to parents moving out of state, visitation statutes are also an important key in the process. Under the new visitation guidelines in Family Court, most times the Court will order what is called "shared placement" for children over five years of age. Shared placement simply means that the child lives half the time with one parent, and half the time with the other parent, typically on a week on, week off schedule.
For children under five years of age, the Court will typically name a residential parent and a visiting parent. A residential parent's home is where the child will spend most of his time, and a visiting parent will receive a contact schedule, which is typically every other weekend and one or two overnights per week.
At the Betts Law Firm, we stress the importance of the child's relationship with both parents. We always advise each client to think about what is in a child's best interest, and in situations where both parents are decent people. Even if the parents may not be getting along anymore, they have to be sensitive to the needs of their children, which would include a relationship with the former spouse.
This article is for informational purposes only. You should not rely on this article as a legal opinion on any specific facts or circumstances, and you should not act upon this information without seeking professional counsel. Publication of this article and your receipt of this article does not create an attorney-client relationship.
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