Child Custody Frequently Asked Questions

Can my child be used as a witness in court?
If the child is deemed to be of mature age and able to give reliable and consistent testimony, then eligibility to testify with respect to grounds and custodial issues can be granted.

During the time of separation, should I ask my child with whom he would want to live?
Usually, if the child has not independently come forward with a stated preference, it is a strong indication that he or she does not wish to make that decision.

How long does the child custody evaluation process take?
Any evaluation should be initiated at least six weeks prior to the court date. This process should never be hastened or undergone without full intentions of completion. A full evaluation takes about four weeks, assuming relative distance proximity between both the parents and the evaluator.

What is the typical judicial attitude towards custody?
Not, surprisingly, it is women who are most in favor. Perhaps this is due to the recognition of the value of maternal instinct. For whatever reason, it has been the precedence set in the past and traditionally many judges find it difficult to change their ways. However, with the changing of socio-economic structure of contemporary society, fathers are beginning to have a more significant parenting role.

What are parent's attitudes towards custody?
Again, not surprisingly, women are usually more wanting of custody than fathers, but the percentage of the fathers petitioning for custody is growing. This is very commonplace in a dual-income household.

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