Divorce can have a devastating effect on children’s lives, if not handled in the correct manner. It’s not so bad if a divorce is amicable; in most instances agreement will be reached between the parties as to who will look after the children and what visiting rights are given for the other party. In these situations it is often possible for the children not to suffer too much, although it is still traumatic.

However, when an agreement can’t be reached, then undoubtedly it can cause a lot of anguish for the children and for the parents.

Regrettably, in some cases the parties to the divorce can become unpleasantly selfish and this can often lead to either party becoming totally unreasonable about who gets custody of the children. A battle effectively commences and neither will give ground, so the case has to go to court for independent assessment and judgement. This is when children’s stress levels rise.

Courts are often faced with making very difficult decisions when deciding on the custody of minor children. The one overriding factor that a court must take into account is the decision has to always be in the best interest of the children.

For example, a court must not make a custody decision based upon rewarding the party it thinks isn’t guilty for the divorce or as a punishment to the one it thinks is mainly responsible for the divorce. It has to be objective and take into account which parent will offer the best opportunities and provide a safe and caring home environment.

It can take several hearings and much deliberating before a final decision is given. The court will need to learn about each parent and consider which one is best suited to raising the children. It may take into account age, their jobs, where they live and the court will try to ascertain the type of relationship each parent has with their children. Custody may be awarded to one parent, but the court will also decide on what rights the other parent has for seeing his or her children on a regular basis as it is in the interests of the children to see both parents.

Courts can award custody to either parent, or if both parents are divorcing amicably, they can award custody to both. However, if the children are of school age then the court will determine which parent is best set up to ensure the children are properly educated.

If possible courts prefer to avoid getting involved with visitation rights as it would prefer to allow the parents to work out the arrangements. However, if the parents are in dispute and are unable to come to a suitable arrangement then the court will impose visitation rights to the parent that has not been awarded custody.

Think carefully; if you have children try to put them in first place, whatever your feelings toward your spouse. They need the support of both parents and if it can be done amicably it will help your children and provide security for them.

by Jack Labens – Visit www.EphraimLaw.com for uncontested divorce in Virginia. Click this link to visit Ephraim Law.

by Jack Labens – Visit http://www.EphraimLaw.com for uncontested divorce in Virginia.

Author Bio: by Jack Labens – Visit www.EphraimLaw.com for uncontested divorce in Virginia. Click this link to visit Ephraim Law.

Category: Legal
Keywords: law, divorce, legal