One of the worst and most stressful parts of a divorce or break up is often the matter of child custody. As stressful and confusing as it may be for you, imagine how confused the children must be. In North Dakota, when determining child custody, the courts make their decisions based on the best interests of the children.
The courts often look for the custody arrangement that would be in the best interests of the child. They do this by analyzing and evaluating a number of factors, including the emotional ties and relationship between the child or children and each parent, and also each parent’s ability to care for the child, both emotionally and financially. The courts do not wish to alienate the children from their parents; they want the children to have strong relationships with them even though the divorce is happening. However, if there is a history of abuse, that may impact a parent’s award of parenting time with the child. In situations in which each parent has the ability to care for the children and the ties between them are close, the courts may also look to the relationships between the children and extended family, and lean towards the parent who lives in close proximity to the extended family with whom the children have a relationship.
Another factor the courts look into is the mental and physical state of the parents, as that relates to their ability to care for the child, and the broadly and still undefined ‘moral’ makeup of the parents. Finally, courts may also look to the opinions of the children and their school records to see what the best fit for their needs may be. In cases of child custody, it is always best of have an experienced North Dakota family attorney fighting on your side for what is most important to you.
The North Dakota family law attorneys of O’Keeffe O’Brien Lyson Foss will help you fight for your rights as a parent. Tracy Lyson is an experienced family law attorney and will fight for your rights as passionately as you would. Call 701-235-8000 or 877-235-8002 today.
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