Ask a Child Custody Lawyer: 7 Frequently Asked Questions
If you are going through a divorce in Houston and you and your spouse have kids, you might be wondering how child custody works. Here are some commonly asked questions as well as how your child custody lawyer can help you.
Ask a Child Custody Lawyer: 7 Frequently Asked Questions
1. What Exactly Is Child Custody?
When parents get divorced, there are a lot of decisions that need to be made in regards to the health, safety, and wellness of the children.
Child custody refers to who gets to take primary care of the kids in a divorce. Child custody law specifically refers to the type of family law that deals with children during a divorce, what parental rights of each spouse are, and what if any visitation rights there should be.
2. Who Will Get Custody of the Kids?
In most divorce cases, one of the biological or adoptive parents of a child will get custody of any kids involved. The judge will use several factors to determine which parent is the best equipped to take care of the kids.
However, there may be some situations where another relative or family member will get custody of the kids involved in a divorce. This happens more rarely, but in some cases, grandparents will be granted custody if neither of the children’s parents are deemed fit to care for the children. Grandparents are also able to seek out visitation rights.
3. What Factors Go into Determining Child Custody?
Many people assume incorrectly that mothers automatically get custody of any children involved in a divorce. This is not true. A judge will look at several specific factors when determining who should have custody of the kids.
Judges aim to do what is best for the children in a divorce. They will consider factors like the health and financial state of the parents, the individual relationships that the children have with their parents, the emotional and physical needs that the children have, and several other factors.
4. Do Judges Take Children’s Wishes into Account?
Kids can often be easily manipulated, and they may not make choices that are right for their health and safety. In some divorce cases, one spouse will try and put the children against the other as a way to ensure that they get custody of the kids.
While a judge will listen to what a child above a certain age wants and consider it, this won’t in itself make your case go one way or another. The judge is still going to determine who gets custody and what visitation rights there should be based on what’s best for the kids, not necessarily what they want.
5. Will the Non-Custodial Parent Always Get Visitation Rights?
In most cases, there will be one custodial parent and one parent with visitation rights. Most experts agree that it’s important for a child’s development and wellbeing to be able to see both of their parents.
However, there are certainly some situations where a certain parent should not have visitation rights. If one of the parents is deemed a threat to the safety of the children, then they will most likely not be given visitation rights. If you are concerned that your former spouse could put your kids in danger, your lawyer will help you present your case to the judge.
6. Should I Bring My Children to Court?
If you’re wondering whether taking your kids to court is a good idea, or whether it could sway a judge’s decision one way or another, the answer is most likely, “no.”
It’s in your best interests and your children’s best interest to keep your kids away from the courts. Forcing a child to attend a hearing or testify during one can be an incredibly scary and stressful experience for them, and the judge recognizes this. There may be some cases where a judge may ask to speak to the children privately to reduce the amount of stress put upon them, but they will rarely be asked to be present in court.
7. Should I Hire a Lawyer?
All US citizens have the legal right to represent themselves in court. You may think that doing this could be a good way to save money on the costs of lawyers.
But this is rarely a good idea. And in child custody cases where your ability to see your kids is at risk, it’s even more important to have someone on your side who understands the law. This is why you should work with a qualified Houston child custody lawyer.
Going through a divorce always carries a certain amount of stress, even when it’s amicable. But when there are kids involved, it can be even more challenging. Working with a qualified lawyer will ensure that you get the representation you need and that your kids get what they need too.
Thank you,
Glenda, Charlie and David Cates
