Many reasons can result in a court deciding on the child’s physical placement and legal custody. The most common cause involves a marital dispute, an emotional rollercoaster for the child and those involved. During this period, a lot needs to be done by parents to ensure the well-being of the child or children is considered, to avoid putting the child under state care.
The court also conducts a thorough assessment of both parties before choosing the most suitable legal custody. However, there are many factors that most people who are undergoing a legal marital conflict forget, which ends up becoming a liability in proving their viability.
Verbal altercations with the spouse or the children are a common reason why most people are not granted the legal right to raise their children. Verbal altercations can be shouting at each other, getting into arguments, or badmouthing one another. If the court witnesses both parties are engaging in an oral argument, then the custody hearing is likely not to go your way.
If both parties are still not settled and arguments are constantly spiking, then it is up to the Court to conduct a discreet interview with the children. This is to ask the children brief questions about both parents to help make a final decision.
Physical confrontations can result in swaying the Court’s decision which is a disadvantage if you are the cause. Therefore, both parties need to remain calm despite the constant emotional spikes during the trial. If physical confrontations are serious, then a person risks having a restraining order implemented, taking the option of co-parenting out of the question.
After the separation is finalized and the child’s custody is impending, it is advisable to avoid introducing new partners. This helps avoid confusing the children further and doesn’t give them the chance to form their opinion regarding the partner. It also helps to downplay a sensitive situation that requires one to be cautious until the end of the trial.
Most people undergoing separation tend to neglect their parental duties, leading to the loss of custody of the other party. Therefore, whether the Court mandates it or not, whatever you had agreed on should continue to avoid putting the child under avoidable circumstances that play a significant role in the court’s decision.
The separation period is traumatizing to the children and requires an expert understanding of children’s emotional conflict. A family lawyer is a legal consultant and an inspirational guide who is ready to offer legal advice and guidance. An expert is essential, especially since they have experience in dealing with families during this trying time.