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Divided Homes: Quick Overview Of How Courts Determine Custody

Divided Homes: Quick Overview Of How Courts Determine Custody

<p style&equals;"text-align&colon; justify&semi;">Split custody is usually something the courts try to avoid&period; It&&num;8217&semi;s generally seen as more difficult for a child to be separated from one of their parents and their siblings&period; Because of this fact&comma; many courts prefer to give either sole or joint custody&period; However&comma; in the case of physical custody&comma; it&&num;8217&semi;s also possible to give the parent without physical custody the right to legal custody&period;<&sol;p>&NewLine;<h3 style&equals;"text-align&colon; justify&semi;"><strong>Unmarried Parents<&sol;strong><&sol;h3>&NewLine;<p style&equals;"text-align&colon; justify&semi;">In the case of unmarried parents&comma; the custody battle is typically fairly clear&period; The child generally ends up going with the mother&period; In these cases&comma; the mother generally gets sole custody&comma; unless the father attempts to gain custody by going to court&period; Generally&comma; a father that is not married to the mother can gain custody over relatives and friends&comma; but won&&num;8217&semi;t have a good chance of winning custody over a mother who is considered a good parent&period;<&sol;p>&NewLine;<h3 style&equals;"text-align&colon; justify&semi;"><strong>Child&&num;8217&semi;s Best Interests<&sol;strong><&sol;h3>&NewLine;<p style&equals;"text-align&colon; justify&semi;">The most important factor in a custody decision is always the child&&num;8217&semi;s best interests&period; There is quite a bit of leeway in determining this&comma; and it can be difficult for the court to decide who to award custody&period; The process of determining best interest can vary between states&period; In the case of older children&comma; the courts may ask the child to state their preference&period;<&sol;p>&NewLine;<h3 style&equals;"text-align&colon; justify&semi;"><strong>Custody Factors<&sol;strong><&sol;h3>&NewLine;<p style&equals;"text-align&colon; justify&semi;">Besides the wishes of the child&comma; there are several other factors that come into play when deciding who to award custody&period; The mental and physical health of each parent can be one deciding factor&period; Religious considerations may also play a part in determining custody&period; The courts generally want to keep the home environment as stable as possible&period; The court may take into account if there is a possibility of the child staying in the same house&period; Other factors like adjustment to a new school&comma; the age of the child and the use of excessive discipline may be factored in&period;<&sol;p>&NewLine;<h3 style&equals;"text-align&colon; justify&semi;"><strong>Primary Caretaker<&sol;strong><&sol;h3>&NewLine;<p style&equals;"text-align&colon; justify&semi;">In some cases&comma; a parent can prove they were the primary caretaker&period; When this happens&comma; the parent who cared for the child must show this in court&period; This is generally when a lawyer can be of great help&period; According to Coil Law&comma; with Salt Lake City child custody attorneys&comma; one of the factors that determines custody in Utah is the existing nature between the parent and child&period;<&sol;p>&NewLine;<p style&equals;"text-align&colon; justify&semi;">When it comes to determining custody&comma; you need to make sure you have a cohesive and organized legal team working behind you&period; Don&&num;8217&semi;t leave your child&&num;8217&semi;s future to chance&period; Make sure you understand the process of determining custody&comma; and prepare to make an appealing case to the courts&period;<&sol;p>&NewLine;

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