Whenever a divorce petition is taken up, it is not just about separation of the spouses, according to our child custody attorneys. There are many other things which need to be taken into account including the actual divorce petition. This is followed by the division of property and additionally there is the big issue of child custody which has to be sorted out. This is a highly emotional decision both for the parents and the child. If the child is young and if their mental capacities have not developed fully, then the task becomes even more difficult. Hence, when couples apply for divorce in Orange County, they should be aware of the importance of property child custody evaluation. When parents decide to proceed with a divorce, the parents must file a decree and lay bare the plans they have for custody of the child, child support, visitation and access amongst other things. There is no doubt that proper counseling and guidance are extremely important and mediation by experts is often necessary. The feelings and the mood of the child are also considered towards the court’s final judgment on the situation.
Parents Should Try and Sort the Matter Out
As far as the parents are concerned, the best way forward would be to sit across the table and sort out the matters related to child custody. This should be done taking into account the best interests of the child. If the parents are not able to come to a mutually acceptable and amicable solution, then the court steps in. The court does not act in haste but takes into account various factors and additional considerations. The most important consideration is how the child feels about the divorce and whom it chooses when it comes to custody. Usually, if the child is too small and does not offer proper judgment, the custody usually rests with the mother. The court has to decide whether the father will have the right to visit the child with or without the presence of the mother or other authorized persons.
In fact, there are many situations where child custody evaluation is done even after the decree for divorce is given. This is perhaps based on the fact that the child would have had a practical experience of living either with the mother or the father or anybody else as is mutually decided or instructed by the court. Based on such practical experience, the court may believe that a further evaluation of the child is needed. This again is done keeping in mind the best interests of the child. The main objective is to ensure that it does not suffer from any emotional trauma or other such things because of such separation either from the mother or the father.
At the end of the day, there is no doubt that child custody evaluation is extremely critical from the child’s point of view. There cannot be any fixed rules or best practices of their lives post-divorce because each child is different and has a diverse set of needs and requirements.
For more information, speak to our child custody lawyers today.