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In disputed custody cases, all states in the U.S. use a standard called "best interests of the child." This subjective standard is based on what a judge believes is best for the child. However, there are some factors you can guarantee a judge will consider when making a custody decision. With the following information in mind, it's easy to see that it's more important than ever for a man fighting for the right to parent his children to work with a skilled men's divorce attorney.
The Child's Age. Several judges believe that younger children should reside solely with their mothers. If the child is old enough, their personal preference will be considered.
Each Parent's Living Situation. When considering this factor, a judge will consider which parent has the more stable living situation, the spouses' proximity to one another, and each one's proximity to the child's school, extracurricular activities, and friends.
The Parents' Relationship With One Another. A judge will consider the parent's relationship with one another, their history, and their ability (or inability) to get along. The more cooperative a parent is, the more favorably the judge will consider them.
Most importantly, a judge will look at stability and continuity when it comes to children. Judges prefer the status quo because most believe that creating more change on top of the trauma a divorce creates is not good for young children. Consequently, a parent arguing that a current situation is working just fine will have the edge over a parent who wants to create a major change in the visitation or custody schedule already in place.
At Gerkin & Decker, PC, we know that in any custody case, it is important for each party to have experienced family law attorneys on their side. This is particularly true for men because the current legal system tends to favor mothers in custody disputes. If you are a man who is considering divorce or fighting for custody of his children, contact one of our experienced men's divorce attorneys today!