Tuesday, February 28, 2012

Increase Your Chances of Becoming a Custodial Parent

Many chall-enges are associated with getting divorced; establishing custodial rights may be the most painful. Children can too easily become pawns when a couple wants to exact re-venge upon each other. For this reason, the court pays close attention to how the mother and father fulfill their respective parental responsibilities, as well as their personal lifestyle choices. In the end, it all comes down to what's in the best interest of the child, so do everything possible to present yourself as the better parent.

Realize that judges don't automatically give mothers custodial rights. Each parent must prove why he or she offers a better living arrangement.

Educate yourself on what criteria the court uses to determine which parent is more fit. These criteria include finances, physical and mental health, professional stability, the child's age and where he or she is currently schooled, along with the relationship each parent has with the child. According to the Separated Parenting Access & Resource Center, the older the child is, the more input he or she has in determining which parent receives custody.

Hire a lawyer with extensive family law experience to help avoid the potential for judicial prejudice. While judges are supposed to be impartial, the American Bar Association points out that some will silently impart their personal biases. Expect your attorney to be skilled enough to know which evidence works in your favor and which detracts from it.

Refrain from dating while involved in a custody battle. The court is not supposed to consider this behavior when making a decision, but judges often look upon it as a distraction from the child's best interest. A parent already living with a new partner will carry the burden of proving this new relationship doesn't negatively affect the child.

Accept that your religious beliefs and practices may play a role in whether you're granted custodial rights. Legally, the court's only concern with a parent's chosen religion should be how it may affect the child's care. However, children raised in a particular faith may be placed with the parent who more closely continues the religious tradition.


Originally written for and posted on eHow

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