How Custody Is Determined

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Some individuals who are unaware of the legal process taken during a divorce might wonder what happens to children. This is a natural question, and something we wish to address in this article.

When a divorce petition is filed, there is a document known as temporary orders that accompanies it. It is preferable that the couple agree upon where the children will live during the proceedings. Sometimes the court needs to intervene when a resolution cannot be met amicably among the divorcing parties.

As you might imagine, the children's welfare is the most important factor in determining where they will be placed during divorce proceedings. In a legal sense, if the parents were married when the child was born, both parents share the obligation to look after the child. If the mother had the child out of wedlock, then the child is her responsibility. However, like we previously mentioned, the welfare of the child is the number-one concern of the court when making a custody decision. The court will look at which parent is better fit to raise the child in the meantime. The physical and emotional state of each parent will be looked at, as well as the financial situations of both parents. If there has been neglect or abuse on the part of one parent, they will definitely not gain custody.

Other factors that help to determine where a child should be placed include the child's own feelings and wishes, the environment where the child will be living, and even the educational needs of the child. Since a divorce is already traumatic enough on children, a court doesn't like to uproot children too much from what is normal for them as long as it is safe.

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