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Divorce can have a devastating effect, not only on the parties involved, but in particular the children. If a divorce is amicable then in most instances agreement will be reached between the parties as to who will look after them and what visiting rights are given for the other party. In these situations it is often possible for the children not to suffer, but when agreement can't be reached, then undoubtedly it can cause a lot of anguish for the children. It is sad but true that 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 it can get very distressing for children. A court is faced with making a very difficult decision when deciding on the custody of minor children. However, 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. Many factors have to be taken into account and 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. In most cases the court will also want to ensure that both parents will continue to care for their children, despite them being separated. 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 regularly. A court 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. A court will try not to get involved with visitation rights, if at all possible 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. As difficult as divorce can be, if you have children, try to put them in first place. They need the support of both parents and if it can be done amicably it will help your children and provide security for them. Lawrence Reaves writes for Ephraim law, a divorce lawyer who has offices in Fairfax and Loudon counties. Click here for the Fairfax office and also check out this link for info on the Loudon office.
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