The first people who will be affected by divorce are your children. They are the ones who will deal with different matters concerning the break up of their parents. They are also the parties who will be affected with the settlements during the divorce proceedings. The divorce cases include the adjudication of the properties of the husband and wife as well as the order for child custody and support.
Family attorneys in Milwaukee will confirm that family courts put a high regard to the interests of the children. This is the rationale why judges grant the custody over their persons to the party who is shown to have the capacity in promoting the welfare of the children. There are several factors that the court considers before it awards the custody to a certain party.
As decided by the Supreme Court in various cases, child custody may be given not only to the biological parents, but also to third parties. However, it is imperative that the “third party” must have a legal standing in the case. An example of this is an adoptive parent who may gain custody upon showing that he or she has a good relationship with the children. Another example is a grandparent who is allowed to take custody over their grandchildren. These situations arise if the judge sees that none of the biological parents deserve the custody.
Nevertheless, the general rule is that the rights of the parents are always superior to that of the non-parents. This is what the court calls as the “superior rights doctrine.” The assumption under this doctrine is that the parents have a more special and unique bond to their children. This doctrine also puts emphasis on the constitutional right of every parent for due process.
If you want to make sure that the custody is awarded in your favor, do not forget to hire the services of a lawyer. You need to know the grounds that may make you lose in the child custody case. Do not forget to present testimonial and object evidence to convince the court that among the parties interested in getting the child custody, you are the most deserving. Since the law presumes that a biological parent has a better right, working on the proceedings will be easier for your part. For a guaranteed win, inquire with your lawyer for every step that you will take. This is to prevent you from making a big legal mistake.