When it comes to deciding a particular case involving the rights and interests of the children, there is a need to take into consideration a lot of facts and circumstances. These factors will affect the way the judge will decide on cases such as those concerning child custody and child support.
Best Interests of the Child
In our jurisdiction, one of the most common principles applied is “best interests of the child” rule. Under this doctrine, the judge will issue an order or resolution that would best promote the rights and interests of the children involved. For example, if the case concerns child custody, the judge must come up with a decision that will offer the most benefits to the children involved. The custody award must be given to the parent who is more capable of promoting the best interests of the kids.
Modification of Order
Even after the judge has already issued an order, resolution or decision pertaining to a case with custody or support dispute, the same may still be modified upon showing that there is a change in the situation of the parents and circumstances of each case. In ruling with respect to the modification, the “best interests of the child” rule will still be made applicable. In order to modify a child custody or child support order, the proper party must file a motion for modification with the proper court.
What Are The Evidence Admissible?
To support the claims of each party in court litigation, he or she must present admissible evidence which includes testimonial, object or documentary proofs. If you are fighting for your child’s custody or support, then you should work with your lawyer in securing the best evidence that can help your case. For example, you can ask some friends, relatives and professionals who can testify regarding your relationship with the children. These testimonies may help the judge decide whether you have been successful in providing for the welfare of the kids involved.
Make sure that you and your lawyer are prepared in filing the child custody case or defending a child support case. There is a need for both of you to have a working knowledge on the “best interests of the child” principle. All your actions must be geared towards the promotion and protection of your children’s rights and interests. You must be able to convince the judge that the rule should be applied in your favor.