Custody and Welfare of Children
When a couple goes through a divorce, one of the most important things to consider should be their minor children's welfare, which includes the issues of custody and visitation.
However, children too often become yet another thing parents who are already fighting disagree over. Too frequently, I have seen the parents put their children in the middle of their disputes.
When determining the custody of the minor children, the guiding factor should be what will promote the best interests and welfare of the children.
If the issue of custody and visitation is decided by a judge, the court has significant discretion. Parents creating their own agreement for the child's welfare would make sense. However, if parents cannot come to an agreement, it is a good idea to consider mediation. If there is still no success, a decision will have to be made in court. Parents should carefully consider that though a judge may have good intentions, he or she does not have any personal knowledge of the child and your family's situation. So, a court deciding the issue of custody should always be the last resort.
There are numerous factors in a court decision about child custody, including all the things that could effect the development of the physical, mental, emotional, moral, and spiritual faculties of the child. The court will also consider the caretaking abilities of each parent, as well as how the child bonds with each parent and other siblings and which parent has been the primary caregiver. However, in the end, the Judge is given very broad discretion in applying these custody factors.
Remember that when it comes to child custody, making an informed choice is a smart choice. And, both parents should do everything possible to make the entire process as easy on the children as possible. Remember that no matter how much pain your spouse has caused you, your children don't and shouldn't understand that. They love and want to be loved by both of you. For their best interests, as hard as it might be, don't let your ill feelings for your spouse be felt by the children. You'll be thankful later.