Divorce does not only affect the marriage of the spouses but also the lives of their children. When it comes to this legal remedy, whether it is absolute divorce or divorce by bed and board, the child custody will always be an issue. This matter may be resolved extra-judicially when the parties come into an agreement on how the custody will be taken during and after the divorce proceedings. When there is disagreement as to the legal issue on the custody of the children, the matter may be resolved judicially. In this case, the judge will determine if joint parental custody is possible and if not, who among the parties should be awarded the custody.
Based on the previous rulings of the Supreme Court, joint parental custody is one that is preferred by the court. As a general rule, custody shall be shared between the husband and wife. Custody may be awarded to only one of the parents if it is proven that the other party is not worthy or is the one at fault. There are different factors that the judge hearing the case will take into consideration before issuing a final order. First of all, the “best interest of the child” rule will always be applied in deciding the case. If there is a history of violence and intimidation exhibited by one of the parents, the court will also consider it. Both the parties are given an opportunity to be heard during trial by allowing them to present their respective evidence.
Child custody cases can cause stress not only to the parents but also to their children. This is the reason why you must always communicate well with your sons or daughters. If they are still in tender years, make sure that you are able to make them understand about the situation. It is going to be difficult at first but you will be good at it in no time. Another thing that you can do is to hire the services of a child counselor who can assess the emotions of your children during the pendency of the case.
As already emphasized above, cases involving child custody can be very complicated and demanding. Hence, the services of a great attorney in Milwaukee WI are necessary. Visit an attorney and seek for a sound legal advice about the matter. You may also ask him or her to prepare the required pleadings, motions and petitions in court.