In the confusion of divorce, most parents never consider the issue of child custody beforehand. Often communication between the spouses has broken down and both parents presume their assumptions about child custody to be accepted by the other parent. Often this is not the case. As a result, many divorcing parents find themselves confused and surprised by the prospect of child custody issues in divorce.
The greatest misconception is that the primary caretaker is the presumed de-facto custodial parent. So, most parents who take the lead role in providing for the child in marriage simply assume that the law will recognize this role by giving him or her primary custody after divorce. Historical care, however, does not automatically guarantee child custody. If you have filed for a divorce and your ex has gone ahead and obtained a legal order to take custody of your child the child can be legally taken away from you despite any caretaking role you may have had in your childs life. As a result, unprepared divorcing parents often find themselves in a position in which they dont have the legal right to make any important decisions regarding their child on issues such as...
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