In the United States, the rate of divorce is approximately 50 percent. That means that one out of two marriages ends in divorce. Yesterday, it was your neighbors who got divorced; tomorrow it could be you.
When that time comes, you need to be prepared. You will encounter many difficulties and will discover new problems on every corner. But finally, once your divorce is finalized, you will be able to move on with your life.
Some of the most common questions that people ask about divorce are related to child custody. Who gets the custody of the child, how is it determined during a divorce process, and does a father have an uncontested right over a mother or is it the other way around?
We talked with Salt Lake City Divorce Attorneys and found out that those beliefs are wrong and misplaced. There are many things that will determine which parent will get custody of the child. Listed below are the most important things that you should know as a recently divorced woman (or a woman who is about to divorce).
How Custody is Determined
When two people are divorcing, they usually end up splitting their assets, bank accounts and everything else. However, the main question remains: who gets the custody of children?
There are common misbeliefs that a mother will get custody of a child if a child is of tender age. Another one is that a father will get custody of a child if a child is old enough. Both of these misbeliefs are wrong.
Almost every experienced divorce attorney will tell you that no parent has “more rights” to get custody of the children. In the beginning, both parents are equal and have equal rights. However, certain factors can up the odds and increase one’s chances of getting custody of a child.
These factors are:
- Financial status: a parent needs to be able to provide for the child. This includes food, housing, schooling, toys, clothes, allowance and everything else in between. If both parents are able to provide for their children, a parent with a better financial situation will probably get a slight edge over the other parent who is not able to afford the same level of luxuries, comfort, better school for the child, better medical insurance.
- Location: the location where the parent’s house is could play a significant role in determining a child’s custody. For instance, a parent who lives in a great family-oriented neighborhood with great state (or private) schools nearby will get a slight edge over a parent who is living in a potentially-dangerous neighborhood, or far away from a school, the stores and medical facilities.
There are many other factors that will impact the judge’s decision. Keep in mind that when the decision is being made, everything is taken into consideration. The judge will always consider and use into consideration a child’s best interests. Eventually, the parent who is “more suitable for the child’s needs” and the one who can provide the child with a better life will usually get the custody.
Men Over Women?
Another common misconception is that men have more rights than women in custodial battles. This is absolutely not true; in fact, according to statistics, mothers have much higher chances of gaining custody of their children than fathers. This should be an encouragement for all the women out there to fight for their children, and not give up. Most women enter the custodial war with thoughts of losing custody. Just the thought of having to live without their children causes them to start panicking, and usually, this is where most mistakes happen (mistakes that could cause a woman to lose custody of her children).
If you are a woman and you want to increase your chances of obtaining custody of your children and in the process, avoid those common mistakes that most women do, speak with our Child Custody Attorneys in Salt Lake City. Call our offices and schedule a free initial consultation today. One of our available attorneys will help evaluate your case, and if hired, will represent your best interests in the divorce process.
Also, for those of you who already went and got divorced, yet you are unsatisfied with how the custody was settled, you could potentially file an appeal. However, in order for the appeal to be successful, you need to present evidence that something in your life has changed, and that these changes have affected your abilities (in a good way) of taking care of your children and providing for them. Remember that it is not over and that you should always fight for your children and the right to be there for them every day, to watch them grow and care for them as every mother should. Contact our attorneys today and let them help you fight for your children.
Joint Custody
The concept of “shared” custody has evolved in the past few years. It is becoming the “ultimate solution” for most divorced couples. In this case, both parents will have legal custody of the children, but only one parent will be the “primary caretaker”. However, this also means that the “secondary caretaker” can also spend time with the children, take care of them and provide for them. The primary caretaker will be able to spend more time with the children, while the secondary caretaker will be able to spend time with the children on every (or every second) weekend, twice (or more) a month, or once a week.
This could change and gradually increase over time. There is also access for special days (graduation, promotions, school plays). Keep in mind that the “free access with no fixed schedule” option also exists, but both parents must agree to it.
Speak with Divorce Attorneys in Salt Lake City today, seek their representation and see if there is a way for you to find common ground with your partner’s attorney. Remember that negotiations and a show of good faith can go a long way.
