For starters, both mother and father should always try to avoid child custody cases in the interest of the offspring. Former spouses should try their level best to seek joint child custody whenever possible. Only when a deadlock is reached then should they consider getting into a child custody battle.

Purpose

A child custody battle puts the child in a very awkward position and may also be very emotionally agonizing for the child. So before going forth with a custody battle ask yourself these basic questions. Why am I fighting for custody? Am I fighting for custody or fighting so that my former spouse would not get custody? Is what I am doing in the best interest of the child?

Know What To Expect

The best interest of the child is always upheld by the court when making a decision in a child custody battle.

If the court feels that neither parent is acting in the best interest of the minor a guardian might be appointed to assist in making decisions on the behalf of the offspring.

In a few states, the courts could take the wishes of the child into consideration and some may not. The child’s age might also have a bearing in some cases. But yet again, this would again depend ordinarily on the state.

Ordinarily, the judicial system leans towards deciding in favor of the mother in a child custody battle. It is no longer assumed that the mother is considered the primary caregiver due to present social trends.

Unless the situation is so clear that one parent should should be awarded custodial rights over the other (such as in cases of drug or physical abuse) a court would most likely request an independent evaluation. The evaluation is usually undertaken by a court engaged mental health professional such as a psychologist or a social worker. A detailed evaluation may include interviews with all the parties involved (individually as well as possibly with the parent and child together); psychological testing of both parents and the kids; evaluation of school records and or interviews with teachers; review of medical records and developmental history; evaluation of legal history, such as the documentation filed concerning the divorce, any probable domestic quarrels and any criminal records of either former partner involved.

Be prepared for the evaluation to consume up to an average of two months to finish. Be certain to employ a competent child custody lawyer and be prepared for a time consuming and expensive child custody battle.

In some incidents grandparents custody rights could possibly be applicable. Child custody laws of grandparents may also apply when the child has lived with the grandparents for a specific period of time and other requirements are met.