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The process for determining the best interests of a child in Chattanooga is sometimes contrary to what both a child and a parent might desire. That said, the court has final say in this matter. Thankfully, with the help of a child custody lawyer, you could compile evidence demonstrating why you would better serve your child.
A child may desire something different from what is judged to be in their best interest. A typical scenario would be a child that has had some behavioral issues or issues with school. That child comes in and they say that they want to live with a particular parent. Perhaps that parent does not play an important role in supervising the child or making sure that the child gets their homework done or gets them to school on time. Maybe the other parent is more of a disciplinarian and because of that reason, the child does not want to stay with that parent primarily. In such a case, a judge may believe that it is in their best interest to live with the other parent.
The child’s best interest can change over time as the child gets older. The needs of a 6-year-old child may be different than the needs of a 16-year-old child. A younger child is going to need more attention, but as children get older, they become more independent, especially when they turn 16 and can start driving.
The child’s best interest can be re-determined at a later point in time, but there has to be a material change in circumstance. There is no black and white rule on what constitutes a significant enough change, however. It can mean a lot of different things and each person’s circumstances is a little bit different. Once a material change has been proven, the court will then go back to these best interest factors in determining the best parenting schedule or the best visitation plan for a child.
A lawyer does not have to be involved for this determination to be reevaluated. Every parent or every person with visitation rights has the right to handle one of these cases on their own but it can be a complex environment. It may be a good idea to get a lawyer and have that lawyer present their case in the best way possible. A court has to be involved. In order to get some sort of child custody or visitation determination, it must be by way of a court order.
It is important to find a Chattanooga child custody lawyer early on in a custody determination. How somebody acts during the course of the child custody matter can hold great importance in the ultimate determination. It is important to get with a lawyer who has experience in this area and make sure that they are doing the things throughout the course of their case to put them in the best position in the event that they have to have a judge decide an ultimate determination. A person cannot change what has happened in the past but they can prepare the client and give them the best tools moving forward to put them in the best position possible to be successful in their case.
The process for determining the best interests of a child in Chattanooga is whole-heartedly evidence based. To compile enough evidence that demonstrates your eligibility for having custody over your child, you should speak with a dedicated attorney who knows how to help. Call today.