Anyone experiencing a divorce with children understands it can be a very difficult and daunting time. The lengthy process can be frustrating and confusing, not to mention incredibly emotional. It may be difficult to make rational and logical decisions and not act through emotion during these times considering what is at stake and what the process involves. It is important to remember there are certain things you should be aware of during your custody case to help ensure you receive the best outcome possible.
Child’s Best Interest
The child’s best interest standard is first and foremost and should be assumed, but is vital to reiterate. Not only is the child’s best interest the standard by which the court will decide and rule under, it should be the way both parents conduct themselves as well. Nothing is more important than your child’s happiness and well-being and decisions you make in their regard should only reflect this sentiment. A judge will evaluate many things in order to decide custody regulations, and he or she will assess many of the following factors when deciding what is in the child’s best interest:
- Where the child spends the majority of his or her time, what that environment looks like and why the child spends their time with that person
- The interactions and relationship the child has with his or her parents and any interactions with third parties who are also involved in that living situation
- What impact the proposed custody agreement or decision will have on the child in terms of adjustment for home, school, neighborhood, etc.
- Any allegations or evidence of child, spousal or domestic abuse or any history of sexual offense on behalf of the parent or parent’s spouse
Behavior with Child and Other Parent
Unfortunately sometimes custody cases can turn into battles and parents allow their emotions to control their actions. Many parents act out against the other parent or child in order to “get back” at their former spouse. The court will assess any and all evidence of each parent’s behavior so it is absolutely vital that you do not succumb to negative interactions or behaviors. Doing so will not only damage your relationships and the health of your family, but it may also damage your ability to achieve the outcome you desire.
Having to go through a divorce is already confusing and difficult enough for children without their parents speaking negatively about the other and creating more turmoil. Not only should you respect the other parent of your child, but you should also respect that your child should never feel pressure to choose sides, or have to hear bad things about their other parent. This also includes being cautious of your interactions with the other parent in front of the child. Children are incredibly receptive to your tone, body language and words, despite how young or old they are, and they observe everything. Remember to respect visitation and communication rights as well, considering the court evaluates these incidents heavily. Allow your child to speak to their other parent and do not travel or take the child away for times or trips that are not discussed or agreed upon with your former spouse.
Hire an Experienced Kansas Family Law Attorney
If you are soon facing or already facing a custody battle that you don’t want to become complicated or difficult, our highly experienced Kansas Family Lawyer can help. We know you have rights and we will give you confidence they are being protected. Our firm keeps your child’s best interest and your desires as our top priority at all times. Call a Kansas Adoption Lawyer at McDowell Chartered Legal Services today at (316) 269-0746, and see how we can successfully assist you in your custody matter.
