A Womans Rights To Child Custody During Divorce

A women’s custody of the children in a marriage may be agreed upon by both parents in advance of filing for divorce.   Women’s custody, child visitation, child support and spousal support may be considered temporary until the parties enter into a court approved divorce settlement agreement, and the marriage is dissolved by the court.  The court prefers if you and your spouse can come to an agreement on your own. However, frequently the parties are unable to reach an agreement and look to the courts for a decision.  

Joint Custody  

Women and men have the same rights to child custody.  While traditionally, custody has been awarded more often to the mother, more and more courts are recognizing both a man’s custody and women’s custody rights.  Courts are awarding joint custody in many divorce cases.  It’s harder to make joint custody work though because the parents have to cooperate.  It also depends on the ages of the children because it’s more difficult to move younger children back and forth from one parent’s home to another.  Joint custody arrangements tend to work better with teenagers. 

Presenting Your Case

If each party is asking for sole custody, then the party that presents the strongest case to the court will be awarded custody.  Divorces can get ugly, and spouses can make untrue allegations against each other or distort facts.  The determining factors that courts consider in child custody matters are the best interests of the child and which parent is the most responsible and qualified parent.  It is important to hire a good family law attorney to represent you in court.  

Factors that the Courts Take into Consideration When Awarding Custody 

The following factors play a role in the court’s decision in child custody matters:

• The age of the child
• The primary caretaker
• Child’s preferences
• Income, assets, debts and liabilities of each party
• Ability to take care of the child
• Living arrangements
• Whether the parents reside in the same city and state
• Whether one parent has a substance abuse problem, is mentally unfit or has a history of abuse towards the child or the other spouse  

Sometimes the judge will interview the child to find out which parent they would prefer to live with. The court may pay attention to an older child’s preferences more.  If one parent has a drug or alcohol abuse problem, mental illness or history of abuse, then there is a high chance that parent will not be awarded custody of the child.   

Talk to a Family Law Attorney

If you are a women involved in a divorce custody battle and are seeking child custody, you should hire a family law attorney to help you win your custody case, and to obtain child and/or spousal support.  A family law attorney is an expert in family law matters, and can explain the divorce and custody laws to you.