3 Things To Know Before You File A Child Custody Case
Ending a relationship comes with some unpleasant changes, and it's usually a difficult decision to make, more so when children are involved. Most people have many questions regarding child custody, but they don't get the correct answers when they don't consult a child custody attorney. Many spouses or parents don't agree on child custody, which is why they go to court. A child custody case involves several things like visitation time and the kind of child support each parent is expected to offer. If you are planning to file a child custody case, here are three things you first need to know before you do it.
Your Parental Rights
Often, each of the separating parents wants to be in charge of their children's welfare. You indeed have parental rights, but you need to know whether you have equal rights with your spouse. Unfortunately, it's hard to know more about your parental rights without the help of a child custody attorney. Of course, married spouses have equal rights when it comes to parenting.
However, the family court may rule otherwise based on the circumstances surrounding the case. Usually, many parents file for divorce after separating for a period and seek custodial rights in court. But whether you are lucky to be the custodial parent or not, you should put your children's interests first.
Your Likelihood to Get Custody
The judge will, of course, consider a few things before deciding whether you will be the custodial parent. In most cases, the court considers the child's interests and who between you is more likely to meet them. Usually, the court analyzes your wishes and ability to create a stable and safe environment for your children.
Both of you will somehow disagree over this issue, but the final verdict must favor your children's interests. So talk to a child custody attorney and let them assess your capabilities to know whether you are more likely to be granted custody. If you are not, the lawyer will explain why and what you can do to increase your chances of winning.
Your Visitation Rights
In case you aren't granted custody, it's good to know more about your visitation rights because even non-custodial parents have visiting rights. The fact that you didn't win physical custody doesn't mean you also lost legal custody. However, it's good to know that the court may at times deny you these rights if it realizes that your child's interests might be at risk. If you usually physically or emotionally abuse your children, you will be denied visiting rights. Your financial status and living situation will also determine whether the court will restrict you from visiting your children or allow you to visit them.
And since you definitely want to win the child custody case, ensure you hire an experienced child custody attorney to help you approach it the right way. The lawyer will also help you know what you need to know before seeking custodial rights.
Check out sites like https://www.molnarlaw.com to learn more about child custody.