A divorce is never a completely easy transaction. The fact of the matter is that divorces are almost always messy. When children are involved, a divorce can be particularly difficult. The decision about who gets custody of a child in a divorce is often left to the court, as the parents going through the divorce often cannot come to an agreement between themselves about who is going to get custody. It is important, therefore, to understand what the criteria are for deciding who get custody of a child in a divorce.

Who gets custody of a child in a divorce will depend on certain characteristics of the parents. The living conditions of each of the parents will be a factor, as will income and lifestyle. This process can sometimes even include home visits by an agent of the court.

The fact of the matter is that, very often, the court will award legal custody to the parent who has had physical custody of a child. Judges generally do not wish to disrupt a child’s life and routine any more than is necessary. Having said that, there are other factors that the court will look at in determining who gets custody of a child in a divorce. For example, if the child is old enough to decide, the court may factor in who the child wants to live with. Obviously, major factors such as abuse, drug use, illegal activities, or emotional instability may compel the judge to consider giving the other parent custody of the child in the divorce.

To better understand who gets custody of a child in a divorce in your state, it is important that you know what your state’s criteria are. Custody law can vary from one state to the next. Having a competent attorney that is knowledgeable and experienced with custody cases will be one of the most important aspects of helping you to get custody of your child in a divorce.

Posted in Child Custody

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