One of the hardest parts of a divorce is determining custody and visitation. In most cases, parents cannot come to terms with one parent having full custody, or cannot agree to terms on splitting custody. When the parents cannot reach an agreement, litigation may have to occur.
The process for custody litigation is often very emotional. Both parents will be questioned on which parent may provide a better living environment for the minor child (or children). The court will take into consideration the available time and other resources of each parent. The courts will continuously put the best interest of the child (or children) at hand.
When a child is above a mature age level, the court may ask their opinion on where they would like to live or which parent they would prefer to stay with. A judge may take into consideration their opinions and preferences. However, in most cases where children are not of age, the court may appoint a “guardian ad litem” to the case. This Guardian Ad Litem is appointed as an attorney for the child (or children) specifically. This Guardian will act as a voice for the child throughout the legal process.
Every custody case is different. There are many different circumstances that will determine if a party is granted full custody, partial custody or visitation. Let Harden Law make this emotional process easier for you and your family.Contact us today for your Consultation.