Divorce and child custody cases are always complex, mentally overwhelming, and sometimes unfair, thus the reasons you’ll need an experienced child custody lawyer in Lincolnton.

Criteria You Need To Know

A woman can be the best mom in the world and the man living up to his fatherly duties without pause; however courts will view these connections differently. A judge’s custody decision is based on what he or she believes is in your child’s best interest. That decision is guided by several criteria, set by the state which usually include:

–The age of each parent
–The physical and mental health of each parent
–The age and sex of the children
–Which parent has consistently been the primary care provider for the children
–The quality of home and community each parent can offer.
–The work and travel schedules of each parent
–Does either parent have any history of drug or alcohol abuse
–The emotional bonds the children have established.

Parental care is a major element in the judge’s decision. Which parent can more adequately undertake the upbringing and homemaking responsibilities for a child on a daily basis will plan a vital part in this drama. If your children are old enough to have a preference, the judge may talk to them to see what they say. Ultimately, the judge will try and determine the best outcome for the children. This creates tense emotions and sometimes “win at all cost” strategies on part of the parents and their lawyers.

The Investigative Arm of Child Custody

Many courts utilize an investigative arm for custody cases. That arm is the ability to order a custody evaluation. This is an investigation of each party’s parenting skills. The evaluator, usually a social worker or other mental health professional will conduct a comprehensive review of each parent’s psychological makeup, parenting skills and other factors. Based upon this, the evaluator makes a report to the court on the best custody arrangements. This may include legal custody, physical custody and visitation.

Awarding Custody

Mothers end up with custody in about 90% of all cases. However, more than 90% of all cases settle by agreement before trial. There are multiple reasons for this, one being having an experienced child custody lawyer representing you.

However, when fathers do fight for custody, many actually win sole or joint custody. Disagreement over custody is almost guaranteed to put you right in the middle of a bitterly contested and expensive lawsuit. And often parents put themselves first, not really thinking what is best for the child.

Just remember, today in theory, there are no courts where the mother or father has an automatic edge because the law is suppose to be applied evenly without regard to gender. But having an expert to fight the battle will give you that unseen advantage.