Going through a custody battle is never easy to cope with. However, it’s best to go through it with an experienced attorney like Kendall Gkikas & Mitchell, LLP on your side. Although it’s best to consult an attorney directly, here are the answers to some common questions about child custody:
Can parents make decisions on who gets custody on their own?
Yes! If parents get along well enough or simply just agree on who should get custody of the children, it typically works out that way. However, a judge will need to look over the entire agreement and approve everything before the child custody agreement becomes an official court order.
If parents cannot agree on custody, what happens?
If parents do not agree on custody, the court will need to get involved. The judge will review everything and make a decision based on what is best for the children. Many factors will be considered, including any history of abuse, the financial resources of each parent, and more. It’s important to have an attorney on your side to ensure that your rights as a parent are best represented.
How old must a child be before they can decide who they want to live with on their own?
Many children have an opinion on which child they would like to live with, but until they reach a certain age the court won’t take that into consideration. While children can never technically “decide” who they will live with, the judge will take their thoughts and wishes into consideration once they become around 12 years old. However, the child’s wishes are just one thing the judge will consider out of many.
Can having a mental illness affect your ability to get custody of a child?
In some cases having a mental illness can affect your ability to obtain custody of a child but that is not always the case. If there is a serious mental health issue that prevents a parent from reasonably caring for a child, then the judge may not grant custody. However, for mental health issues that are treatable like anxiety or depression, as long as the parent is getting treatment it may not be considered relevant at all by the judge.
For more information on child custody or help fighting to gain custody of your child, contact Kendall Gkikas & Mitchell, LLP today!
If you are going through a custody battle it is important to have a trusted attorney on your side. At Kendall Gkikas & Mitchell, LLP, we have over 26 years of experience as family law attorneys. Whether you’re fighting for full custody or just your fair share of child custody, our skilled attorneys can help! Contact us today at 909-482-1422 to schedule a consultation to learn more about your options.
To learn more about the services we offer as experienced family law attorneys, visit us on the web at Kendall Gkikas & Mitchell, LLP.