Divorcing couples argue over who will get to keep the house, how much of their spouse’s retirement plan they should get and whether or not spousal support should be a factor. However, there is no issue more hotly disputed in a divorce than custody of minor children. Mothers are no longer automatically considered the most appropriate parent to raise children. In the past couple of decades, fathers have become very involved with raising their children and courts recognize their rights in custody matters. However, there are some situations that make it detrimental to the children to be raised by both parents.
Abuse
Child abuse can be difficult to prove in a divorce case if there were no reports of abuse during the marriage. A parent whose child was abused by their spouse might hire a Child Custody Lawyer in Stroudsburg PA to help them prove their case and protect their children. Family courts today tend to lean toward shared parenting arrangements, giving children a chance to spend time with both of their parents. If one parent has been abusive and the children are not safe with them, the court needs to know about it.
Substance Abuse
Unlike child abuse, substance abuse is much easier to prove. People with substance abuse problems may have erratic behavior that could make it unsafe for young children to spend unsupervised time with them. Because the courts favor joint custody, it’s important for the sober parent to work with a Child Custody Lawyer in Stroudsburg PA who has the knowledge and experience necessary to help them convince the court their former spouse should not be able to spend time with the children unsupervised until they have received treatment for their substance abuse problem.
Regardless of how they behave, children typically love both of their parents and don’t want to be taken away from either one of them. Divorcing spouses should consider this when they decide whether or not to fight for full custody of the children. When a client calls to schedule an appointment with an attorney, they may discuss their thoughts regarding property division as well as custody of the couple’s minor children.