When you and your spouse cannot resolve child custody issues on your own, a family court judge can make decisions on your behalf. Every state has its own custody guidelines, although the judge overseeing your case may act at the court’s discretion to make decisions based on the unique merits of your case. Most judges consider several primary factors to determine what’s best.
The following list is not extensive. There are numerous other issues that may be relevant to a child custody case. However, the factors shown here are usually considered when the court is making a custody decision in a divorce:
In a case where a parent has not been involved in a child’s life during marriage or has been emotionally or physically abusive, it’s unlikely that the court will find it necessary to grant that parent custody after divorce. If both parents are healthy and have actively shared in providing for their children’s needs and creating a strong bond with them, then a judge might determine that a shared custody arrangement is best.
If you have reason to believe that your ex is unfit for custody, you can bring the matter to the court’s attention. You may request sole physical and legal custody of your children. In doing so, however, you must be prepared to show just cause. This means the court expects you to provide evidence that demonstrates a legitimate reason why your children would be better off in your sole custody than in a shared custody arrangement with your ex.
Factors of consideration that may be relevant when seeking sole custody include things like domestic violence, parental substance abuse, parental incapacitation and many other issues. If the court is convinced that sole custody is best for your kids, the Arizona judge overseeing your case will grant your request. It’s important to remember that you and your ex must obey the court’s decision, even if the ruling is not in your favor. If you believe a decision is unfair, you may file an appeal.
]]>Every relationship is unique. You might consider yourself lucky that you and your ex get along well, although you have differences of opinion. On the other hand, yours might be a more volatile relationship where you can barely be in the same room without fighting. Either way, keeping a few communication tips in mind as you move toward a divorce may help you avoid child custody disputes.
Review this list that includes pairs of dos and don’ts regarding unspoken rules for communication with your ex as you begin a co-parenting relationship after divorce:
With these helpful tips as a basis for “ground rules,” you and your ex may be able to move forward after divorce without a lot of parental conflict and confrontation. A system like this helps keep co-parenting stress to a minimum.
If a child custody issue arises that you are having trouble resolving, don’t hesitate to reach out for additional support. Trusted friends, extended family members, teachers, counselors and legal advocates are available to assist your family and to help you resolve problems in as swift and peaceful a manner as possible.
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