Are you about to go through the divorce process? Do you have small children? Are you worried about keeping custody of those children? Perhaps you are even going to seek for physical custody, or maybe your estranged spouse is doing the same. There are always many questions and concerns with any child custody battle, but perhaps one of the most common questions we hear is what parent is most likely to get physical custody of the children? The answer, as with many aspects of divorce, depends on several factors, and every situation is different.
For many years, no matter which state you lived in, it used to be that the mother would get physical custody of the children while the father would be ordered to pay child support and receive visitation rights. In the past, fathers typically worked and mothers stayed home with their children to care for and nurture them. However, the world is different now and many families no longer follow this pattern. In most cases today. When parents seek physical custody, the courts no longer automatically assume that the custody of the children should be awarded to the mother.
In this day and age, the court will look at several factors as it weighs which parent should have physical custody. The overriding factor is the best interest of the children. Therefore, whichever parent appears to offer the best living situation for the children is most likely to be awarded custody. If one parent is deemed unfit or unavailable to meet the children’s needs then that parent will almost assuredly not be awarded physical custody. The bottom line is the parent who can provide the best situation for the children, whether it’s the father or the mother, is the parent that will more than likely be granted physical custody.
No matter what kind of divorce situation you are going through, you have rights throughout the divorce process. Battling over physical custody of your children is a difficult process and it can be a very scary and anxious situation to go through. No one wants to lose custody of his or her children. That’s why you need to make sure you understand the entire situation clearly if you are going through divorce and a child custody battle. Having an experienced child custody lawyer on your side can make a huge difference in the outcome of your case. Please contact the Law Offices of Michael A. Robbins today if you are about to go through a child custody battle. Don’t leave things to chance. Call us today at 248-646-7980, or click here.