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What To Know About Child Custody For Fathers

family law lawyers in orange county; The Maggio Law FirmThe basis for deciding upon a child custody settlement is the idea that the judgment should be made, keeping the best interests of the child at the center of it. However, there are several real world issues that come into picture when it is the father who desires a full custody of the child. As per the state laws, it is absolutely essential to determine the factors that might influence the well being of the child. However more often than not, there are several third party organizations that end up influencing the decision of the court of law in the favor of the mother. Many times, attorneys of the female partner battle for full custody on the pretext that a child always needs his mother more than the father. However, what the courts have to consider above all else is what the best interests of the child is.

What exactly is meant by a child’s best interests?

There have been thousands of custody battles going on in the courts for several years on end, where the basic question that perplexes both the parties involved is, the parameter for evaluating the best interests of a child. Most of the state laws stipulate that the court needs to determine the needs of the child, as primary to making a judgment. However many a times, a court might even go against the wishes of a child, if it notices that his wishes might not actually be in his best interest.

In such cases, the court overrules the child’s wishes and proceeds with other factors that might help determine the most appropriate decision for settling the child custody. The court can take the help of psychotherapists in determining the child’s wishes and whether those wishes are actually in their best interest or not.

What are the criteria for deciding upon the custody of the child? 

The basic criteria for determining the best interest of a child in a court of law includes determining the child’s needs and requirements, and whether he needs to stay in touch with both the parents or not. The judge also needs to consider if the child has had a violent past experience with either of the parents.

Although, the courts make custody decisions based on a set of defined rules and guidelines, it is important to understand the intricacies of the legal proceedings. Therefore, it is best advised to take the help of a family law attorney, who would be able to better deal with your child custody battle.

Getting divorced in California can be complicated.  Download our free eBook, 18 Important Things to Know About California Divorce to educate yourself on the process.  

divorce_attorneyGerald A. Maggio is an experienced Orange County divorce and family law attorney and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.



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