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Probably the worst part of getting a divorce, aside from the heartache of losing your spouse, is deciding who gets custody of your children. Divorces are notorious for their bitter child custody battles. It not only hurts you and your husband or wife, but it often places children in an awkward position of having to choose between their mother and their father.
There are basically two types of custody, sole and joint. If you have sole custody, that means that the children live with you. By law, you are responsible for your children, and you're able to make all of the decisions that affect their young lives. Your ex-husband or wife may have to pay you child support - a fixed amount for each child- as ordered by the court. They may also have visitation rights.
Having joint custody means that your children will live with both you and your ex-spouse at prearranged times. A schedule will have to be set up to decide when your children will live with you, and, when they will live with their other parent.
If, for some reason, you are getting a divorce, and you don't want your soon to be ex husband or wife to have custody of your children, you can fight for sole custody. Probably the biggest reason that a judge will grant you exclusive custody is if you can prove that you are the better parent. The viewpoints of judges vary, of course, but courts always make their decisions based on what they see as being best for the children. Therefore, a parent who can offer their children certain conditions that the other parent cannot, will have the advantage in court.
Usually, the "best conditions" for children includes having a stable home life. That means, that they live in one home for an extended period of time. They also attend the same school where they are able to establish and maintain friendships. In this home life, their parent is an active part of their life. The children are well cared for in an environment that is clean and orderly.
If you can provide your children this type of home when your husband or wife cannot, chances are that the court will award you custody. However, if your soon to be ex spouse can provide the same type of environment, then you'll only have a fifty-fifty chance of obtaining sole custody. Unless, you are the mother of the children. Judges typically lean towards giving the mother custody over the children's father.
Unless you can prove that the other parent is unfit to have custody. What could classify them as being "unfit"? Possible reasons could be that they don't hold steady employment. This means that they don't have a regular income to support themselves, much less the children with. Another reason could be that they have been convicted of child molestation, drug abuse, spousal abuse, domestic violence, et cetera.
In order to bring these matters to the attention of the presiding judge, you'll need to supply records that document each and every instance that the other parent was convicted of any of the above crimes.
If the judge is unsure whether your husband's or wife's legal record is sufficient enough to classify them, then he or she can order that a psychological evaluation be done. A licensed psychologist does this test to your soon to be ex spouse to determine their mental state.
You might have another advantage if your children are old enough to decide who they want to live with. If you, and not your spouse, has a close relationship with them, the court might allow your children to choose to live with you.
The court will then decide, based on all of the information brought before it, who the custody of the children will be given to.
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