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Any custody dispute can be one of the most challenging and emotionally charged experiences a parent may have to go through. Kimbrough Legal, PLLC, understands all the complexities and sensitivities that go into such cases. We want to offer you the guidance and support necessary to protect your rights and your child’s interests. The article below will take you through your rights in a custody dispute and some practical tips to help you survive this period of time in your life.
A custody dispute is a situation arising where parents cannot agree on care and living arrangements for the child upon separation or divorce. These disputes relate to either legal custody, which concerns decision-making, or physical custody, referring to the place the child should live, or both.
Joint Custody: Both parents share legal and/or physical custody.
Sole Custody: One parent has primary legal and/or physical custody.
You have the right to obtain a lawyer to protect your interests and rights. An experienced family law attorney, such as at Kimbrough Legal, PLLC, can be very instrumental in helping guide you through the legal process.
Both parents are entitled to participate in decisions affecting the welfare of their child pertaining to education, health, and religious upbringing, especially in joint custody.
You have the right to a fair hearing on your motion with evidence and argument of the supporting grounds for your custody preferences. The court will consider various factors in determining the best interest of the child.
You have the right to request that an arrangement relating to custody be modified if there are major changes in circumstances. This could include a change in income, relocation, or the changing needs of the child.
You should initiate your case by having an initial consultation with a family law attorney. You will review your case specifically, set some goals, and define all the effective strategies on moving forward during the consultation.
Gathering relevant evidence is another important consideration in the custody battle. This may refer to your involvement with the child, your financial records, or even any evidence about the other parent’s behavior that may impact the child’s well-being.
Mediation can at times turn out to be very effective in resolving custody issues outside a court of law. A neutral third party helps both parents come to some sort of mutually acceptable agreement. If mediation fails, negotiation through your attorney can be the next step.
If mediation and negotiation fail to resolve the dispute, then the case may go to court. At the hearing, each parent will present his or her argument, and the presiding judge then rules based on the best interest of the child.
First and foremost, every custody battle is decided in accordance with the best interest of the child. It considers the child’s age, health, and emotional ties with each parent, each parent’s ability to care for the child, and the child’s preference if they are of sufficient age and maturity.
The extent of involvement of each parent in the child’s life with regard to school activities, healthcare decisions, and day-to-day routine shall be taken into consideration by the court.
For the child to grow and develop, he needs stability and continuity very much. The court will grant custody to the parent who is able to provide a stable living situation for the child. Both parents should be able to do this.
Abuse, neglect, or domestic violence on your or your child’s person carries a lot of weight in custody decisions. Custody is granted on basis of what is in the child’s best interest as far as his safety and welfare is concerned.
If you do not have primary physical custody, you are entitled to reasonable visitation with your child. Visitation schedules can be flexible and must be arranged around the needs of both the child and the parents.
Both parents are obligated to support their child financially. The noncustodial parent will likely be ordered to pay child support to contribute toward the care of his or her child.
Irrespective of the type of custody, it is very crucial to foster a good relationship with your child. This means being there for your child, acknowledging the existence of the other parent, and creating a friendly co-parenting setting.
Custody battles can drain the parents emotionally, not to mention the children. A support system should be available to help in overcoming such issues. This can be in the form of family, friends, and even a counselor.
Effective communication between the parents is essential in co-parenting. Strained communication will only result in misunderstandings and conflicts, and the conversation will become disagreeable.
There might be times when one of the parents refuses to follow the custody order. Here, the law should be taken into hands to ensure the order is enforced upon such a parent.
Remain focused on the best interests of the child – Has regard for the child’s best interests and welfare in making any decision.
Be Ready to Negotiate – Flexibility and readiness to compromise might entail that both parties can come up with more amicable and practical custody arrangements.
Keep a Record – Keep records detailing your interactions with your child, communications with the other parent, and any incidents that might be relevant to the custody case.
Seek Professional Help – There is no need to be ashamed of the situation; seek legal, mental health, and child development professionals whenever necessary. Their expertise can provide valuable insights and support throughout.
Navigating a custody dispute can be complex, but knowing your rights and obtaining the proper support behind you can make all the difference. At Kimbrough Legal, PLLC, we are dedicated to providing you with an advocate in protecting your rights and those of your child. Our experienced attorneys will walk with you every step of the way, offering the legal representation and assistance needed.
Can an order of custody be changed?
A change in the custody order can only be made if there is a material change in circumstances that warrants such change. This means a change in income, moving, or a change in the child’s needs.
How does the Court decide issues relating to custody?
But the court takes many other factors into consideration: the age and health of the child, the emotional ties between the child and its parents, each parent’s ability to care for the child, and the wishes of the child if they are of sufficient age and maturity to express a preference.
How can mediation help in a custody dispute?
Mediation allows both parents to express their views and reach an agreement that is bearable to both without necessarily going to court. It can be faster, less confrontational, and less expensive compared to solving custody cases in court.
What if the other parent does not abide by the custody order?
If you believe the other parent is in violation of the custody order, you can enforce it legally. You can hire an attorney who will help you file motions and then go on to represent you in court.
Can grandparents have custody or visitation?
In some cases, grandparents may be allowed custody or visitation if they can prove that it would be in the best interests of the child. A court, in such regard, will take into consideration, among other factors, the existing relationship between the grandparent and the child.
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