How to Get Custody
In determining an award of custody, courts assess the "best interests of the child." What does that mean? There is no rigid formula, as one would expect since a child is not chattel, but courts will review factors such as: (i) the quality of the home environment; (ii) the parental guidance provided; (iii) the ability of each parent to provide for the child's emotional and intellectual development; (iv) the financial status and ability of each parent to provide for the child; (v) the relative fitness of the respective parents; (vi) the length of time the present custody arrangement has been in effect. Additionally, in some cases, courts can consider the child's expressed preferences depending on the child's age and maturity level.
Protecting your rights is paramount. However, a parent should NEVER attempt to do this on his own, as a child is not a ping-pong ball, nor a piece of property or chattel. A custody dispute often turns ugly because one or both parents begins to pressure the child into believing that the child would be better without the other parent. This mistaken belief is not only detrimental to the child and may cause life-long emotional difficulties for the child, but it may result in a finding of unfitness for the parent that engages in such activity. "Parental Alienation Syndrome" (PAS), and the "exclusion" of one parent by the other, will not be tolerated.
A blameless child - even during custody litigation - should be entitled to enjoy his or her childhood. My firm works tirelessly to protect your rights so that you can continue to maintain a strong and loving relationship with your children, and to prevent your children from being caught in the crossfire. We strive to obtain the best results for your family without the need for litigation, as children have no place in our court system, but we are ready to fight in the courts in the regrettable instance your spouse refuses to cooperate fairly and reasonably. |