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Common Issues That Can Affect Your Child Custody Case


 It can be devastating when you are going through a divorce or legal separation with your lawful spouse. Divorces can be exhausting, both emotionally and mentally. In such a state, you are expected to make some of the most crucial decisions of your life as well. Amidst all this trouble, one of the most difficult points of contention is handling the custody of your children.

Your child's custody matters a lot to you, and it is essential that both the parents mutually agree on parenting time and legal custody details in order to avoid unpleasant consequences; however, child custody decisions are not easy to make in most cases. If you are being denied your child's custody on an irrational basis, get in touch with an experienced family law firm and they will help you navigate the entire process. Family law attorneys understand the sensitivity of these matters and they will help you resolve complications that may arise.

Is Legal Custody Different Than Parenting Time?

Recently, many couples have opted to co-parent their children with mutual consent. While people who have undergone a divorce mediation or a collaborative divorce, co-parenting may seem like a great solution; however, for couples going through troublesome divorces, co-parenting might not be a good idea, as it relies on a mutually respectful relationship between the two parents. Here are the two types of child custody that family attorneys are able to pursue in an effort to help ensure that every decision is made with your child's best interest at heart.

Legal Custody

Legal custody can either be granted to one parent solely, or it can be shared amongst both parents. Legal custody gives you the power and authority to make educational, religious, and health-related decisions for your child. While joint custody requires both of the parents' involvement, sole legal custody enables one parent to make decisions independently, with little or no consultation from the other parent whatsoever.

Physical Custody

What used to be known as "visitation' is now considered today physical custody, also known as "parenting time." Physical custody determines who the child will live with and how the other parent will share the child's time. Physical custody can allow for both parents to be equally involved in their child's life and upbringing.

All custody decisions are made from the mindset of what fits the best interests of the child or children in question. There is no such protocol as to whether someone should get custody or it should be joint or not. As these decisions are sensitive and your child's future depends on them, experienced family law attorneys help you navigate these trying times by listening to your case and follow the Parenting Time Guidelines set forth by your state. These guidelines are not mandatory to be followed but can assist you towards constructing the best schedule for your nurturing the healthy development of your child or children.

Know The Repercussions!

There can be times when one of the parents is subjected to complete disapproval of the child's custody due to lack of income, resources, an incapacitated adult, or implicit allegations by your spouse. These conditions can weaken your chances of getting your child's custody. Experienced family law attorneys, such as the team at Cohen Garelick & Glazier, help you identify these risk factors up front and utilize that information in an effort to work the case accordingly.

Child Abuse

If the court is informed of any former abuse or neglect towards your child, you generally don't stand much of a chance in getting custody of your child. In cases where child abuse begins after separation, child custody decisions can be altered, in court, to award custody to the other, non-abusive parent.

Violating Legal Custody

A judge can revoke your custody the minute you fail to adhere to the custody guidelines ordered by the court. You must follow and fulfill all the requirements outlined in your legal custody agreement.

No Regular Income

No income means no financially sustained life for your child. If you have no regular source of income or no job at all, the court is likely to prefer the other parent for your child's primary custody, assuming they are experiencing a better financial situation.

Parental Isolation

If you involve yourself in creating a negative image of the other parent in your child's mind by faking any domestic abuse or other absurd allegations, the court can find you guilty of parental manipulation as this kind of situation can lead to lasting emotional and mental damages to your child.

Unsafe Standards Of Living

Before handing over your child's custody, the court will ensure that your house and living environment meets the safety standards and other requirements for your child's benefits. Domestic violence can also be a contributing factor in this determination.

Non-cooperative Parents

If you fail to communicate or cooperate with the other parent, it can result in the judge considering you unfit for your child's custody. Even though you and your ex-spouse may have differences, you simply have to let those differences go and dedicate yourself to the greater well-being of your child over personal differences with your ex. This will demonstrate to the judge that you are concerned with your child's well-being and mental health over 'settling a score' with your ex-husband or wife.

Criminal Records

If you have had a criminal record or likeliness of getting involved in disputes over trivial matters, the court may not favor you as a good influence on your child's upbringing.

Drug Addictions

You may not be approved of your child's custody if you have any drug or alcohol addictions. These addictions can result in unfavorable circumstances for the child as you may behave in unpredicted ways.

Keeping The Other Parent From Visitations

If you restrict the other parent from visiting your child on an irrational basis, the court may consider it as a disobedient act and may lead to unfavorable rulings against you. Although you can try and justify your actions in court with proof, it is still advisable to consult an attorney before taking such a step. 

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Saturday, 22 June 2024