What are the Complexities in Child Custody Cases?

Divorce statistics have been climbing over the years. Latest figures suggest that 50% of American marriages will end in divorce.  Modern adult relationships are also far more complicated than ever before. Many states now recognize gay marriage in a court of law. A mounting number of children are born out of wedlock. Lawyers increasingly have to deal with Proof of paternity and child support cases. During the anger, emotion and differences of opinion when a couple is divorcing, parents often ignore how the divorce is affecting their children. Child custody and visitation is determined by state specific laws. In the absence of legal intervention some parents often use the children to get back at their spouses in their vindictiveness or take revenge on each other by trying to deny access to their children.

Child custody and visitation continues to remain one of the most contentious issues during the break up of a marriage. The preferable situation is if the parents work out an agreement for sharing custody and visitation out of court. Mediators and counselors can help achieve this but if the parents are unable to come to any agreement, the dispute would have to be settled in court. As mentioned earlier, state laws differ for such situations however the main consideration would be to provide a situation in the best interests of the child/children and allow some continued access to both the parents. Courts mainly focus on keeping the child with the parent who is most fit in providing a stable and loving home to the child/children.

A number of complications arise when the couple with children is unmarried or not divorcing but separating. Many factors may influence the custody including the decision on how to raise the child and under which religion. When the parents of the child are not married, most states will award sole physical custody to the mother. If the unmarried father wants to take custody he will have to take active steps and consult experienced lawyers to gain custody. If the unmarried mother of the child is able to provide a safe and comfortable home for her child, the other parent will find it almost impossible to win custody. With legal advice and measures, he can win some form of custody and rights to visit his child.

Other forms of non-parental custody can be secured if the parents are not fit or able to provide a safe and stable upbringing.  Consult an experienced lawyer when seeking any form of child custody. Ontario residents can find qualified professionals to secure their custody rights.

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