About a month ago we discussed the standard that is applied in child custody proceedings, which is the best interests of the child. In short, when making a decision about child custody and visitation, a court will consider a number of factors to determine what is best for the child in questions. These factors can include the child's relationship with each parent, any history of drug use or domestic violence, each parent's living arrangement, and how active of a role each parent has played in the child's life. When the child is older, the court may take the child's wishes into consideration.
The difficulty is that these decisions, when made by a judge, are rendered by someone who doesn't know the child or his or her parents. Instead, a judge is relying on the evidence before him or her to make a determination that he or she feels is proper. Therefore, the parents who are presenting these arguments need to be convincing with their claims, especially since each side has a differing idea of what is in the child's best interests.
At the Law Office of Janice Munoz, we work hard to fully understand our clients' familial picture. By doing so, we obtain a firm grasp of all issues that a judge may deem pertinent, which can direct us toward which issues we need to focus on. Then, we diligently work to gather evidence, whether physical or testimonial, and craft a legal strategy that not only protects our clients' desires, but also illustrates why what our client wants supports the child's best interests best.
This can be a challenging process to handle on your own, especially when emotions may be running on high. This is why many parents turn to a qualified family law team, like the one at our firm, for assistance. If you want to learn more about our firm, our philosophy, our experience, and how best we help our clients, please check out the rest of our website.