CharlieLawDogs.com - Child Custody

In divorce courts, disputes on child custody and visitation rights are common. When disputing such issues, you need to know and understand a few things to avoid further conflicts.

In any custody battle, the court decides which parent must get custody according to the “best interests” of the child. The court determines it based on various factors such as the main caretaker of the child, the wishes of the child, the home environment of each parent, the willingness of a parent to nurture a good relationship with the other parent, the character and behavior of each parent, and any case of abuse or neglect of each parent in the past.

The court determines which parent is the main caretaker of the child by looking into how the parents took care of the basic and daily needs of the child. The amount of time spent by each parent for the child is also taken into account.

In most custody cases, the courts listen to the wishes of the child of divorced parents. The child makes his or her wishes known to the court through a custody evaluator or child representative who is appointed by the court. As long as the child is at the right age to make an informed decision, the courts give substantial weight to the child’s wishes regarding his or her custody.

In many cases, the parent who wants to get custody of the child will raise an issue if the other parent is addicted to alcohol or drugs. A parent who has alcohol or drug problems usually get limited custody and visitation rights, so he or she cannot have full access to the child. This happens especially if there is a proof that the child is in danger of emotional, sexual, or physical harm from a drug- or alcohol-dependent parent.

If a parent has started a sexual affair during or after a marriage, the courts will not treat such relationship as a factor in deciding which parent wins the custody of the child. The court does not consider the non-marital sexual relationship of one parent in terms of the best interests of the child. But if the parent’s new partner has caused harm to the child or if the child is made uncomfortable by the displays of affection, the court will question the parenting capabilities of that person.

Another special case in custody issues involves homosexual relationships. This consideration in finding out the best interests of the child differs from one state to another. Some courts consider homosexual relationships in the same manner as non-marital heterosexual relationships. Other courts may view that being in a homosexual relationship may affect a person’s parenting skills. Regardless of the views of the state regarding homosexuality, a parent in such a relationship will gain custody as long as he or she does not expose the child to same-sex display of affection.

Likewise, a parent’s religion or religious practice is not considered by the courts in deciding according to the best interests of the child in child custody cases. However, if the religious practices of one parent may pose danger to the child, then the court will consider the risk to the child’s safety.

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With all the problems that come along the way during a child custody case, it is oftentimes hard for a person to maintain a certain level of positive outlook in life. This is because more often than not, the parent would only experience failure because he or she wasn’t able to meet the goals and expectations that are set.

However, despite the discouraging times, this is not enough reason to give up when there’s an on going child custody case. In fact, for some people, this can be a good opportunity to start anew. These hard times can serve as an inspiration itself for one to be able to overcome difficulties and triumph over life's adversities. And when handled properly, people can get lifelong lessons from these trying times and use it to live a good and contented life.

Making the best out of what you have

Experts say that it is only common for people to feel depression, anxiety and defeat if life has been giving them so many tests and trials such as enduring a child custody case. However, instead of feeling depresses and sulking into the taste of defeat, people can use this as an opportunity to make themselves stronger by using these emotions and experiences to survive and motivate his or herself. The following are just some of the ways on how people can survive when there’s an on going child custody case:

1. Never stop learning. Experts say that once people realize that life is never-ending journey to learning, they will be able to find ways to their successes. To keep positivism alive, it is best to never stop learning because this opens up to new worlds of possibilities that are waiting to be explored. If one continues learning through read or by trying different things, he or she can gain more confidence to do things and start with new projects. You can adopt these because when you continue learning, you can acquire new skills that can add up to the things that you can do.

2. Always have a positive outlook in life. This might some easy for some but many people are in fact having a hard time developing and maintaining a positive outlook in life. Maybe because people just have different personalities and different upbringing that affect the way they see life in general. If one wants to survive in these hard times, he or she must start developing a positive outlook in life. This can be done by trying to see the good in bad at all time or whenever possible.

3. Avoid too much thinking. If possible, stop thinking at all times over negative aspects of the child custody case. This is because thinking would only bring in a mix of emotions that could be harder to handle and manage later on. To keep positive outlook in life, one must try to veer away from negative thoughts and only think of the things where he or she could something good. One must also try not to dwell on things that are beyond control because this will only cloud the positive outlook he or she is trying to build.

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