Keeping Your Children During a Divorce

If you are considering a divorce or going through a divorce, one of your greatest concerns is likely maintaining a healthy and connected relationship with your children. While in the past, mothers were favored by the courts to take care of children, courts now employ different standards and methods to ensure that both parents have the opportunity to spend time with their children. However, before everything is finalized in your divorce and a parenting plan is agreed upon, will you be able to keep your children during the divorce process? Read on to learn more.


The Best Interest of the Child 


Courts will always look to what is called the “best interest of the child” standard. While this may seem subjective, the court truly wants to err on the side of caution and allow both parents access and time with their children. Therefore, unless there are reasons to disallow access, courts will consider that it is in the best interest of a child to have a healthy relationship with both parents during the divorce process as well as afterward. 


How to Keep Your Children During Your Divorce 


During the divorce process, a temporary custody arrangement will be issued, and both parents must follow this plan. In order to ensure that you keep custody your children during the divorce process, consider the following factors: 


  • You provide for the emotional, physical and academic needs of the children

  • You have minimally destructive habits such as drinking, smoking and behaving appropriately on social media 

  • You already have a strong emotional bond with your children

  • You exhibit a complete willingness to support the other parent’s rights to the children

  • There is a complete absence of any malicious behavior toward your ex-spouse


Hurting Your Custody Case


You can hurt your custody case and harm your chances to see your children by your behavior as well. If you act in any way contrary to those examples listed above, a court will not look favorably on granting you additional custody or visitation time. Additionally, if you make the decision to move out of the marital home, make sure that you do not take the children without permission, otherwise, it could appear as if you are attempting to kidnap or remove the children from the other parent. 


Contact an Experienced Divorce Attorney 

If you exhibit good behavior during your divorce, you will likely be allowed to keep contact and a meaningful relationship with your children during the divorce and after your divorce, as well. If you notice that your soon-to-be-ex spouse is acting in any way that is inappropriate, you may have grounds for attempting to gain more custody time. Contact the experienced divorce attorneys at Lankford & Moore Law today to learn more about your child custody rights.

I realized the true function of a lawyer was to unite parties riven asunder. The lesson was so indelibly burnt into me that a large part of my time during the twenty years of my practice as a lawyer was occupied in bringing about private compromises of hundreds of cases. I lost nothing thereby — not even money, certainly not my soul.

Mahatma Gandhi

Lankford & Moore Law in Downtown Lawrenceville

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