Factors that help determine custody
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Laura Wasser, Family Law Attorney, shares advice for parents going through a divorce on some of the common factors that help determine a court's custody decision
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The main factors that the court will consider when determining who’s going to have primary custody of the children will be the status quo – what happened prior to the separation? So if you had one parent who was a stay-at-home dad – he either worked out of the home or didn’t work, he was the care taker in the home and mom was out of the home working, that’s probably going to remain how it is. That being said, it has to be adjusted in such a way that when mom comes home or has her custodial time, she actually gets to spend quality time with the children, not just when they’re asleep.
And I have seen parental relationships which – believe it or not – actually improved as a result of the out-of-the-house parent having time that he or she knew was his custodial time or her custodial time, really spending it with the kids, not using the stay-at-home parent as a crutch. And it is one of the very few upsides of actually going through a family separation in that both parents really get to enjoy their kids and the kids really get to enjoy the relationship with both of the parents.
Laura Wasser, Family Law Attorney, shares advice for parents going through a divorce on some of the common factors that help determine a court's custody decision
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Laura WasserFamily Law Attorney
Laura has been a family law practitioner for nearly 20 years. Her practice focuses on the separation and reconfiguration of families. Being a child of divorce, and having personal and professional experience in this field, she believes that she can do better for the children of today and help with an oxymoron: a “good divorce”. Laura is the author of It Doesn't Have to be That Way: How to Divorce Without Destroying Your Family or Bankrupting Yourself.
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