My name is Danielle Diaz. One of the things I've learned in life, both inside and outside the courtroom, is that it is important to not see others as your enemy. Even though you may see the prosecutor as your enemy, he or she is just trying to do a job. It may be possible that you can get a prosecutor or the judge to be sympathetic and get him or her on your side. In order to accomplish this, you need to understand the law. I feel that most individuals do not understand the law, which is why I was motivated to create this blog.
If you decide to separate from your spouse for whatever reason, one issue you'll have to deal with is what to do about your children. You both will have to agree on custody and visitation. However, this process can be complicated if you can't hold a meaningful conversation with your partner. You may need to go through the court to obtain guardianship if this is the case. Most states have laws outlining what should be considered when awarding guardianship. To increase your chances of being awarded, you need to understand them. Luckily a child custody attorney can explain them to you, so you know what to expect. These attorneys can also help you navigate the court system. Keep reading to learn what the three guidelines are.
Before determining custody, a judge can consider a kid's preference. This may happen if the child is old enough to make sound decisions regarding which parent they want to live with. The judge may also consider the child's age, maturity, decision-making ability, and special needs. An attorney can ensure that your child's voice is heard. They'll look at your case's circumstances to determine if their preferences will be considered. If your kid prefers to live with you, they'll work to make that happen.
In some cases, the court may factor in parents' wishes when awarding guardianship. This is more likely to happen if both parents are requesting joint guardianship. The court may also consider the wishes of the child's grandparents, relatives, and other adults who have played a significant role in the child's life. A child custody attorney can assist you in obtaining evidence to support your wish. They'll ensure that you sign a declaration stating your wishes regarding guardianship. They may also recommend that you submit letters from other relatives or friends attesting to your good character and parenting skills.
Parent's Mental Health
The mental state of a parent is something the court may not ignore when awarding guardianship. If a parent is deemed unfit due to mental instability, a ruling may be given in favor of their co-parent. Some factors that could cause instability include schizophrenia, bipolar disorder, depression, drug addiction, and substance abuse. An attorney can look at your medical records and determine if you have any pre-existing mental disorders that may disqualify you from being a guardian. If they discover you have a disorder, they'll get the court to appoint a guardian ad litem to oversee your visits with your child.
Guardianship issues are not always easy to deal with. That's why it's always advisable to seek the assistance of a child custody attorney when dealing with these issues. They'll fight for your rights and ensure you obtain a favorable outcome. For more information, contact a child custody law office such as James W Bodiford Jr Law Office.