When a couple decides to get a divorce, there are many aspects in their lives that will be affected. Getting a divorce will not only result to the legal dissolution of the marital contract of the spouses or the separation of their conjugal assets. It will also involve some legal issues with respect to the support and custody of the children in a particular marriage. These are some of the primary reasons why you should hire only a competent lawyer to handle your case.
In child custody proceedings, the judge will take into consideration a lot of factual antecedents and circumstances of each case to guarantee that the order will be one that highly promotes the rights and interests of the children. In embarking on a custody battle, you have the duty to show to the court that you are entitled to the award of the custody. Present the necessary testimonial, documentary or object evidence that will show that you have been a responsible or good parent to your child. At the same time, there is also a need for you to show your capability to fulfill the duties and obligations of a custodian parent in the future.
As ruled by the Supreme Court in a catena of cases, the “best interest of the child” rule must be followed in deciding child custody disputes. This means that the judge will come up with an order on the premise that it will promote or protect the best interest of the kids involved. The judge may also request for the appearance and testimony of the child in custody cases. However, if the child is still in tender years, the provisions under the Rule on Child Witnesses must be complied with. While the testimony given by your son or daughter may not be controlling, it will have a persuasive effect in deciding the case.
Make sure that you maintain a harmonious and loving relationship with your children. Always put their best interest first. As much as possible, avoid having fights or confrontations with the other spouse while the children are present. If you have more legal questions concerning the custody dispute, do not hesitate to contact your law office in Waukesha Wisconsin. Let the attorney handle the legal aspects of the case while you take care of building better relationship with your kids.