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Law Office of Andrew A. Bestafka, Esq. > Articles > Child Custody Issues

Child Custody Issues

When a couple decides to end a marriage, a myriad of issues regarding the custody, care, and future upbringing of their children are frequently at the forefront of discussion and the focus of court proceedings. In an emotionally difficult time like a divorce, it can be extremely difficult to maintain the perspective necessary to act in the best interests of a child. However, the court strives to ensure that, regardless of the opinions and wishes of the divorcing parents, the children are given the best possible opportunity to live and grow in a healthy manner.

The most pressing issue regarding custody is almost always which parent will be granted physical custody of the child or, in other words, who will the child live with following the finalization of the divorce. When seeking a solution that is in the best interests of the child, the court will not simply ignore parenting rights. As a result, joint custody agreements, where both parents are awarded physical custody of the child or children and must determine a routine of sharing time at their separate homes, are by far the most common arrangement.

Factors in Custody Decisions

Coming to a fair and equitable decision about the custody of your children following a divorce can be a difficult undertaking, so the court will take a number of issues into consideration, including:

  • The wishes of the child
  • The wishes of the parents
  • The respective living situations
  • Work hours and travel commitments of the parents
  • Substance abuse history
  • Criminal history

Whatever decision is ultimately reached is binding, but could be subject to change in the future should the circumstances of either parents or the children change.

Contact Us

Going through a divorce is an emotionally taxing experience, and this is all the more true when you attempt to go through it alone. If you have questions about the various issues regarding the custody of your children following a divorce, the knowledgeable Monmouth County custody lawyers at the Law Office of Andrew A. Bestafka, Esq. have the resources and experience necessary to provide the answers for which you are looking. Call today at (732) 898-2378 to discuss the details of your situation.