Firstly, ex husband and wife should always try to avoid child custody cases in the best interest of the child. Former couples should try their utmost to seek joint custody of child whenever possible. Only when a deadlock is reached then should they consider getting into a child custody dispute.

Intentions

A child custody dispute puts the child in a very awkward position and could also be very traumatizing for the child. So before going ahead 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 the custody battle in the best interest of the child?

What Should You Expect

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

If the court feels that neither party is acting in the best interest of the small child a guardian might be appointed to aid in making decisions on the behalf of the child.

In some states, the courts might take the wishes of the child into consideration and some may not. The child’s age could possibly also have an influence in certain cases. But once again, this would again depend normally on the state.

Ordinarily, the judicial system would tip towards arriving at a decision in favor of the mother in a child custody dispute. It is no longer assumed that the mother is the primary caregiver due to recent social trends.

Unless the situation is so obvious that one former spouse should should be accorded custodial rights over the other (such as in situations of drug or physical abuse) a court would quite possibly order an independent evaluation. The evaluation is mainly carried out by a court appointed mental health professional such as a psychologist or a social worker. A meticulous evaluation can consist of interviews with all the parties involved (individually and even possibly with the parent and child together); psychological testing of both parents and the child; evaluation of school records and or conversations with teachers; review of medical condition and developmental history; evaluation of legal records, such as the documentation filed with regards to the divorce, any likely domestic challenges and any criminal records of either former partner involved.

Be prepared for the evaluation to take up to an average of 2 months to finish. Please remember to employ a competent child custody lawyer and be prepared for a time consuming and pricey child custody dispute.

In a number of incidents grandparent custody rights might be applicable. Custody rights of grandparents might also apply when the child has lived with the grandparents for a particular duration and other requirements are met.