Lake County Indiana Child Custody & Visitation Attorney
Child Custody & Visitation Lawyer Serving Northwest Indiana
Divorce is never smooth sailing, and while disputes are sometimes unavoidable, the kids should not suffer as a result. Ye in many cases, the kids end up being the unintended casualties of the divorce proceedings. The kids will likely just want their family back, not caring about the subtleties and underhand battles going on between their parents. The best you can do is to make the process of divorce, at least the one that affects them the most, custody, happen as smoothly as possible.
One of the ways through which parents can make the process as smooth as possible is to understand the laws that govern the process of divorce, and how the court will use these processes to decide the outcome of the divorce. There is nothing worse that heading into the divorce proceedings without an idea of what could happen to the kids. Every state has different custody laws, but chances are that custody will be greatly dependent on the dynamics of the divorce. What is the nature of the relationship? Who pays for what? These are some of the little things that should be confirmed before going to court. Make sure you know what the process will mean for the kids.
Physical and legal custody
It is important for both parents to understand the differences between the idea of physical custody and that of legal custody. Physical custody is where the child will actually live, and this can be shared by both parents or awarded to just one. This is important because sometimes, parents that have the physical custody are allowed to move away with the kids. For the move to be blocked, the parent that does not have physical custody has to go to court and prove that the move could be harmful to the kids. Legal custody, on the other hand refers to the responsibility given to either parent to make important decisions regarding the child. Decisions include those regarding their education, healthcare, religious inclination and training, and the need for tutoring or psychological counseling all fall under this type of custody. Many of these decisions are made together during marriage, and since the aim of custody hearings is to reduce the amounts of disruption in the lives of the children, the decision will likely be in favor of joint legal custody. Still, it is important to learn what the law says about either type of custody. Each scenario is different, so it pays to be proactive.
The kids first
Most of the time, the emotion of divorce pushes the custody hearing a different, often unintended direction. During custody, perhaps the most important thing is to not treat the other partner as an enemy. The main aim is to provide the best possible environment for the kids. This can only be done if the case is approached rationally and logically. The court will take into consideration many things, including the parents’ personality, their relationship with their kids, their employment status and their ability to raise the kid. The preference of the kid might also play a huge role in the decision. Whichever side you are on, it is your responsibility o convince the judge that you are not only able to raise the child, but that the child will be better off. Toda, custody is not necessarily automatically awarded based on gender, financial status or how much one makes the other party look bad. Ultimately, it is the side that proves they have the best interests of the child at heart that wins.
The needs of the children are bigger than those of the divorce or either parent. If you want your kids to have the best possible shot at a normal and meaningful life, and if you believe you are it, then you must prove that in court. Regardless of how convincing your argument is, you must find a lawyer willing and able to present it.
The best lawyer for a custody case must be willing to find the perfect balance between the emotional aspect and the logical aspect. Parents are only human, and sometimes it might be difficult to separate these two during custody hearings. It then falls on the lawyer to not only listen to their clients and understand their needs, but also present them in a way that the law and the judge will look upon them favorably.
A child custody lawyer should have the right qualifications and experience. In addition, they must have experience in the field of family and custody law. Let the experience and knowledge of Semko Law Office work for you. We can help you with all family law cases. If you have any issues with matters relating to custody, call us today and let us represent you.