Divorce can be ugly. If children are involved in the union, it can be very frustrating. One parent inevitably decides to take custody of the children part of the divorce, which turns into a bloody, suppressed, and protracted fight. This is also an area where parents know they can do the most harm to their ex, and children can be collateral damage.
In the past, custody of children was automatically passed on to the mother
Parents were less empowered because the courts reflected society and viewed the father’s role as the breadwinner rather than the children’s guardian. The court might not recognize even parents who stayed with their parents due to gender bias on the courts’ part.
Mothers are no longer granted automatic custody of their children solely based on gender. The courts are now addressing a wide range of issues, including the relationship between the child and the father, who provided most of the child’s physical care, who currently provides custody of the child and even the most stable parent. Stability can be a subjective term, and proof that one parent is unfit is often the direction in which Houston child custody attorneys face.
Most lawyers are reluctant to go to court and roll the dice with a ruling and prefer their clients to agree to the children’s custody before they get this far. Going to court can be costly and difficult, and neither side can end up getting what they want. The referees can be unpredictable, and it can be dangerous to play if you don’t have to. Mediation is often a requirement in most states when children are involved and have been shown to work most of the time. Your lawyer can and should be involved at every stage of the process to ensure that your child custody rights and wishes are respected, and if mediation fails, your lawyer can take the battle to the courtroom on your behalf.
Before you begin mediation, you should discuss with your lawyer what you want, what you don’t want, and what issues you are willing to lean on and be flexible on. Your ultimate goal should be in your child’s best interests, and any legal action should be directed towards that goal, regardless of your feelings for your ex. Make sure the attorney is experienced. This is the first problem to look at, as this essentially helps you in the long run. An experienced attorney can take your case to the judge in a way that projects you as a capable parent who will be able to support your child both emotionally and financially.
Most custody cases revolve around what type of custody each parent will have, such as single custody or joint custody. Other custody issues include how visits will be planned for the children and how much child support will be paid to children.