Child custody is not just about the “spoils” of war in divorce court. Parents have an equal responsibility to care for their children whether they are married or not. This includes housing and feeding them, as well as supporting them financially. Parents can usually come to an agreement over the care of a child. In some cases, they need the intervention of the district court.
During these times, ex-spouses should hire an experienced child law attorney in Albuquerque for a fair division of duties and child support. They can provide guidance on the process and keep the best interest of the child in mind.
The process
Child custody cases start when one parent petitions the district court to make the decision about their case. If the case is a result of a legal separation or divorce, the court’s decision will become part of that process. If there is mediation involved, the court will give the mediator the opportunity to get both parties to come to an agreement. If that does not happen, or there is no mediation, the court will decide on who gets custody.
The goal
Parents go to court to establish their legal rights over their children. Nonetheless, the law is more concerned over the rights of the child and serves their best interests. They look at all aspects of a child’s situation to make a decision. The child law attorney has to find the middle ground. Attorneys have to follow what their clients want, but present it to the court to prove their client’s wishes are to the advantage of the child.
The child
Child custody cases are always different. How it goes will depend on many factors, including what the child wants. If the child is over the age of 14, what he or she wants get a bit more attention than someone younger does. If the child is a newborn and the parents are married, both parents get equal rights. The mother gets automatic rights if the parents are not married, though. One of the parents has to take an extra step to establish paternity. Only then does the father have any right to child custody.
The issue of child custody is always a tricky one. It can be hard to establish the best interests of the child, especially if the child is young. It is up to the child custody attorney to present the best case possible, and the courts to decide on what serves the child’s best interests.
