Best Interests of the Children |
Family law judges and divorce attorneys will say the best interest of the children is a priority in a divorce case. It’s not a secret that most family law judges make children their priority when handing down their final divorce decision.
If you are a pro se litigant you’re filing or have filed for divorce, understand that the children come first in most divorces. The judge will want to know which parent has been the primary caregiver during the marital relationship. He or she may discover that both parents are excellent caregivers and that will determine custody issues.
Obviously family law judges should make final divorce decisions for both parties by determining what the “best interest" for the child or children.”
But, the laws of our land serve as guidelines and some judges take it upon themselves to step outside of this window which at times isn’t in the “best interest” of the children.
Here is an example of the "best interests" of the children written by an outstanding judge’s judge now retired. Her history on the bench will show that the children came first when making final divorce decisions. Judge Ann Kass said the “best interests” of children had many meanings and she took all precautions when children were involved in divorce.
Prepare your case for your day in court, but be sure you make the children your priority. What is truly best for the child or children - who has been the primary caregiver? Which parent has the time and desire to put the children first? What are the wishes of the children? Are both parents emotionally stable and capable of mentoring and raising the children, if so joint custody is an excellent choice?
Here is an excellent site that discusses children, parenting and divorce. http://www.divorcesource.com/ds/children/children-and-divorce-221.shtml
It was one of those ridiculous arrangements that couples make when they are separating, but before they are divorced—when they still imagine that children and property can be shared with more magnanimity than recrimination. ~ John Irving
Little Tboca
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