The words “family” and “law” are not generally ones that anyone likes to see next to each other. After all, families ideally shouldn’t require legal assistance or face court on opposite sides. Unfortunately, this isn’t always the case, especially in child custody battles. You probably have a lot of questions about what to do and what to expect. We have attempted to address the most popular frequently asked questions below.
Child custody FAQs
Q: How do judges determine custody cases?
A: The courts consider many factors before coming to a final decision on child custody cases. Circumstances like the child’s gender, age, and health, as well as each parent’s health and lifestyle, including smoking and a history of abuse, are taken into account. Judges also review the bond between the child and each parent, how well the parents are equipped to provide for the child, and what impact changing the child’s living situation may have on him or her. If the child is over a certain age, usually a teenager, he or she can have a say in the matter as well.
Q: As the father in a child custody case, what are my chances of being awarded custody?
A: While it used to be required by law in most states to award custody of young children to their mothers, things have changed in favor of more fair decision-making based on the best interest of the children. The judge should look at many aspects of the case, such as both parents’ working situations, their desire for custody, and if either parent displays a lack of ability to be a good parent.
If you are a father who wants partial or full custody of your children, Will Fraley Attorney at Law can help you pursue your case.
Q: What is joint custody?
A: When parents are awarded joint custody of their children, this can mean three different things. You could be awarded joint physical custody, where both parents have significant rights to spend time with the kids. Joint legal custody requires both parents to consult on issues pertaining to the children, including education, religion, and health. The most equitable form of joint custody combines the physical and the legal forms, making both parents full legal guardians.
Q: I am planning to move out of the home I share with my spouse and I want custody of my children. Should I take them with me when I leave?
A: Yes, the family court gives preferential treatment to the parent who takes custody of the children. However, if you do move out with your kids, you must file for temporary custody and child support as soon as possible. Otherwise, you could jeopardize your custody case and your spouse could accuse you of removing the children without consent. Call our office to ensure you take the proper actions.
Other family law issues
If you have questions regarding other family law issues, such as divorce, wills, prenuptial agreements, and protective orders, we would be happy to help. We have experience with all of these matters.
Give us a call at (502) 369-3025 for family law guidance.