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Will your child's opinion be considered in a custody case?

Date : 7/5/2016  
Name :  Admin 
State :  MI 
URL : 
Category :  Family Law 
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Will your child's opinion be considered in a custody case?

Custody battles after a divorce may require court dealings and often take up a lot of time and money to resolve. Custody matters are taken to court when the parents cannot reach a mutual decision or agree to times and dates to share a child or children after a divorce. In other cases, the matter may be taken to court when mediation has also failed, or is not considered an option.

When parents are unable to agree on child custody, the dispute may be decided by court. A number of factors are then considered by the court, including the child's inclination. In all child custody cases, the child's best interest is taken into consideration. The court will consider the overall well-being of the child along with other factors that are in the best interests of the child.

Factors determining custody

The statute or common law has defined and established a number of factors that have to be taken into consideration to award custody. They may include the child's preference for one parent over the other, the age and health of the parent, the financial stability of the parent, any history of domestic violence or abuse, any criminal history, substance abuse problems and so on. The court will also consider the fact of how likely each parent is to encourage a relationship with the other parent. Other factors such as religious considerations, morality of each parent, relationship with siblings and other family members are also taken into consideration by the court when resolving custody battles.

The child's best interests

The ultimate decision of the court will be based on the child's best interests. The court will also consider the child's preference towards one parent over the other. The child's history will also be taken into consideration such as the child's life, school, friends, and relationship with parents. The financial, emotional, and psychological influences of each parent on the child are also considered. However, states where the child's opinion is considered often require the child to be of sufficient age and maturity so that the child can reasonably state his or her preference along with the reasons behind it. Therefore, it is important to understand the laws of the state you are residing in, in order to understand how the child custody case will proceed. It is advised to contact a professional and experienced attorney who can help you with the case.

If the parents have a history of fighting, that may put a weight on the child's mental and emotional state and well-being. Children usually perceive one parent as the victim and side with them. The court will also consider if one parent will move or remain in the same place after the custody case is settled. If a parent plans to move, it means new school for the child, new people, new places and new friends, and oftentimes, children do not want to start a new school. They prefer to remain in close proximity to their friends. It is advised to consult with a divorce attorney for your custody dispute.

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