Michalk, Beatty & Alcozer, L.P.


How is child custody determined?

There is no doubt that things can be very difficult for all parties involved when it comes to a divorce. The former promise of a lifetime of love and happiness did not turn out as everyone had hoped, and a couple may feel like a failure. But if there are children involved from the marriage, it was never a total failure.

The love between a parent and child cannot be understated. And during the process of a divorce, it is not uncommon for the strong feelings to come out during the decision-making process when it comes to child custody. While there are certain situations that can lead to a joint custody, more commonly one parent is designed as the custodial parent and the other parent is granted visitation rights.

So how do the courts determine who will be the custodial parent? The decision is often made depending on the relationship the child or children have with each parent. The courts primary focus is to do whatever is in the best interests of the child or children. They will look at the living situation prior to the divorce, and may even interview the children to get their opinion on the relationship with their parents. It is not uncommon for the parent who is considered to be the primary caregiver to become the custodial parent. The courts want to minimize the changes in a child's life, and keeping things as close to "normal" is a primary factor in their decision-making.

If you are in a divorce and believe that you deserve to have custody of your children, it is important to find a firm familiar with family law to work for you in an effort to see that your wishes are met. The other side will have a team working hard on their side, you owe it to yourself and your future to fight for your rights and wishes by have a strong team at your side as well.

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