There are many different factors that are evaluated in the process of getting a divorce and determining child custody. This is often one of the most contested aspects of any divorce because both parents have a vested interest in the time they will be able to spend with their children after the divorce is final.
A new study involving 3,656 children, found that 3 to 5 year olds who lived alternately with their parents following a separation had less behavioral problems or psychological issues than those who lived primarily with one of the parents. Joint physical custody for preschool children showed that this was a best-case scenario, although other factors such as domestic violence or neglect should always be taken into consideration. Child custody is determined by evaluating the best interests of the child at the time. The practice of joint custody has become increasingly popular in recent years. Previous studies have shown that adolescents and schoolchildrenlawyer fare relatively well with joint physical custody. But some experts believe that the lack of stability and continuity poses problems for younger children.
There have been very few studies previously of school children with joint physical custody. As a parent, there is no doubt that you will have questions about the different factors the court will look at in determining how child custody will be distributed. Being prepared and having a consultation with a divorce lawyer at the outset of your case will empower you with as much information as possible so that you know what to expect when you file for custody. If you and your spouse are not able to come to an agreement on your own, the court will evaluate the best needs of the child and identify a plan that is in line with what is most beneficial for the children involved.
Only the perceptions of older children will be evaluated by the judge directly and the judge has a great deal of discretion in determining what is right for the children. Having an attorney who knows these laws and factors considered, can help you significantly.