First of all, both parents should always try to avoid child custody disputes for the sake of the child. Former husband and wife should try their very best to seek joint custody of child whenever possible. Only when a stalemate is reached then should they think about getting into a child custody case.

Objective

A child custody case puts the child in a very uncomfortable position and might also be very troubling for the child. So before going forth with a custody battle ask yourself these few questions. Why am I fighting for custody? Am I fighting for custody or fighting so that my former husband or wife does not get custody? Is what I am doing in the best interest of the child?

What Should You Expect

The court will always take into consideration the best interest of the child when making a decision in a child custody case.

If the court views that neither party is acting in the best interest of the child a guardian may be appointed to help in making decisions on the behalf of the child.

In several states, the courts may take the wishes of the child into account and some may not. The child’s age would likely also have a bearing in particular cases. But still again, this would again depend normally on the state.

Normally, the judicial system leans towards making a decision in favor of the mother in a child custody case. It is no longer assumed that the mother automatically regarded as the primary caregiver due to existing 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 probably order an independent evaluation. The evaluation is usually undertaken by a court engaged mental health professional such as a psychologist or a social worker. A meticulous evaluation may include interviews with all the parties involved (individually and even possibly with the parent and child together); psychological testing of both parents and the children; evaluation of school records and or interviews with teachers; review of health condition and developmental history; review of legal history, such as the papers filed regarding the divorce, any probable domestic altercations and any criminal records of either former spouse involved.

Be prepared for the evaluation to consume up to an average of six weeks to complete. Just remember to engage a skilled child custody lawyer and be prepared for a time consuming and expensive child custody case.

In a number of cases grandparent custody rights might probably be applicable. Child custody issues of grandparents could also apply when the child has lived with the grandparents for a certain time period and other requirements are met.