First and foremost, ex husband and wife should always try to avoid child custody battles in the best interest of the child. Former couples should try their level best to seek shared child custody whenever possible. Only when a deadlock is reached then should they decide on getting into a child custody battle.

Objective

A child custody battle puts the child in a very uncomfortable position and may also be very troubling for the child. So before going ahead 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 ex husband or wife would not get custody? Is what I am doing in the best interest of the child?

Know What To Expect

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

If the court regards that neither former partners is acting in the best interest of the children a guardian might be appointed to help in making decisions on the behalf of the offspring.

In several states, the courts might take the wishes of the child into account and some may not. The child’s age might also have an influence in particular 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. But, it should never be taken for granted that the mother automatically regarded as the primary caregiver due to present social trends.

Unless the setting is so clear that one former partner should should be accorded custodial rights over the other (such as in matters of drug or physical abuse) a court would quite possibly request an independent evaluation. The evaluation is often carried out by a court engaged mental health professional such as a psychologist or a social worker. A detailed evaluation would 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 offspring; assessment of school records and or interviews with teachers; review of medical condition and developmental history; evaluation of legal history, such as the documentation filed regarding the divorce, any possible domestic challenges and any criminal records of either party involved.

Be forewarned that the evaluation to consume up to an average of two months to finish. Be sure to appoint a competent child custody lawyer and be prepared for a time consuming and pricey child custody battle.

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