Firstly, former husband and wife should always try to avoid child custody battles for the sake of the child. Former husband and wife should try their utmost to seek shared child custody whenever possible. Only when a stalemate is reached then should they think about getting into a child custody dispute.

Purpose

A child custody dispute puts the child in a very uncomfortable position and might also be very troubling for the child. So before going through with a custody battle ask yourself these simple 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 the custody battle in the best interest of the child?

What Should You Expect

The well being of the child is always considered by the court when making any decision in a child custody dispute.

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

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

Normally, the judicial system might slant towards arriving at a decision in favor of the mother in a child custody dispute. However, one must never assume that the mother automatically regarded as the primary caregiver due to current social trends.

Unless the condition 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 carried out 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 as well as possibly with the parent and child together); psychological testing of both parents and the offspring; evaluation of school records and or conversations with teachers; review of medical history and developmental history; review of legal history, such as the documentation filed pertaining to the divorce, any likely domestic altercations and any criminal records of either former partner involved.

Prepare yourself as the evaluation to consume up to an average of six weeks to complete. Just remember to hire an experienced child custody lawyer and be prepared for a time consuming and pricey child custody dispute.

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