Who Will Get Custody of Your Children?

If you're going through a separation or a divorce, you probably have a lot of questions about child custody. Which parent will get primary custody of the children? What arrangements can you make to ensure that both parents see the children as much as they are able? Determining which parent gets the custody of the children and a workable parenting agreement takes flexibility and an in depth analysis of the current situation from both parents.

The most important thing when it comes to the custody of children is what is the best environment and situation for them. The courts will always try to look at what is in the best interest of the child.

There are several factors that the courts will use when determining which parents receives primary custody of the children. Some of these factors include the following:

Who is currently the main caretaker

Assuming both parents are viable options as custodial parents, the wishes of the parents will carry a heavy weight in the court

If the child is older than 14 years of age, he or she will probably be able to voice their choice for which parent that they wish to live with, again assuming that the parent is a viable custodian

The child's existing environment, including school and community groups

The mental and physical health of all parties involved

The interaction with the child's parents and other siblings, when applicable

While it used to be common for the mom to gain primary custody, that is changing rapidly. Fathers have begun to fight for primary custody more and more - and many are winning. While many are truly looking out for the best interest of the child, and feel they would be the better guardian, many abusive or vindictive men have used this as a means to further abuse and control their ex-wives.

Where women are retaining physical custody, it's usually through a joint custody arrangement with their ex-husband. This allows both adults the ability to spend time with the children and make important decisions in regards to each child's life.

While joint custody is the best situation for most divorces, when dealing with an irrational, vindictive or abusive ex, there are special considerations that need to be made here as well.

Whether fighting for primary custody or working out a parenting agreement with joint custody, it's imperative that you research the laws and take the offense in your child custody case. If you don't, you'll be playing defense for a long time.

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