Good Information Articles

Divorce & Child Custody

There are two types of custody, ?legal? and ?physical.? Do not confuse them. They mean very different things

Legal Custody

Legal Custody is the right to make decisions related to your minor children. Major decisions include education, health care, and religion. There is a strong presumption under most state laws that ?legal custody? should be shared by the parents. An award of joint ?legal custody? is not a basis for a downward departure in child support.

Physical Custody

Physical Custody is what most people think of when the term ?custody? is mentioned. Itr can also be called physical placement or primary physical residence. .

Physical custody is the primary physical residence of the child. The presumptions differ from state to state. Some states have a presumption that when parents disagree on who should have primary physical custody, it should be awarded to one parent. In other states the presumption for joint parenting has been adopted. For example, in Wisconsin, there is a presumption that time should be maximized with each parent which is often interpreted as a presumption for joint physical custody.

In any custody dispute, the Court must decide what is in the ?best interests? of the children. To do so, the Court is required to look at thirteen factors that have been set out in the state's particular divorce laws. the factors may include:

The wishes of the child's parent or parents as to custody;

The reasonable preference of the child, if the court deems the child to be of sufficient age to express preference most Courts do not consider the child to be of suitable age until the age of twelve or more. The exception to this rule is Tennessee which gives a presumption to a child's desires if the child is over the age of 14;

The child's primary caretaker (who cooked the meals, took the child to the doctor, bathed the child, attended school functions and extra-curricular activities, helped with homework, provided discipline);

The intimacy of the relationship between each parent and the child;

The interaction and interrelationship of the child with a parent or parents, siblings, and any other person who may significantly affect the child's best interests;

The child's adjustment to home, school, and community;

The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity;

The permanence, as a family unit, of the existing or proposed custodial home;

The mental and physical health of all individuals involved;

The capacity and disposition of the parties to give the child love, affection, and guidance, and to continue educating and raising the child in the child's culture and religion or creed, if any;

The child's cultural background;

The effect on the child of the actions of an abuser that has occurred between the parents or between a parent and another individual, whether or not the individual alleged to have committed domestic abuse is or ever was a family or household member of the parent; and

The disposition of each parent to encourage and permit frequent and continuing contact by the other parent with the child.

The court generally may not use one factor to the exclusion of all others. Many people, attorneys included, tend to place a significant emphasis on which parent was the primary caretaker. However, this factor is only one of of many and may not be used as a presumption in determining the best interests of the child.

Joint Physical Custody.

Generally, in order for a court to award joint custody, it must find that the parents have the ability to cooperate in rearing the children and have methods and a willingness to use methods for dispute resolution.

Allegations of Abuse.

Allegations of sexual or physical abuse are taken very seriously. Seeking a restraining order as part of a divorce proceeding has become a common occurrence and is sometimes an abused process designed to gain advantage in a custody proceeding or to acquire an early court date to have one party removed from the home. A finding of domestic abuse, whether it involves the minor children or not, may have a dramatic impact on the divorce proceedings. There is a very strong presumption under most state laws that physical custody should not be awarded to a domestic abuser. That means, a person who has been the subject of an Order for Protection (restraining order) or convicted of domestic assault may be unable to acquire physical custody. For this reason, allegations of domestic abuse must be vigorously defended in order to preserve your rights in a custody battle. This can be a vexsome issue since Courts regularly elect to err on the side of caution granting restraining orders in cases where the allegations and evidence are very weak. Do not fall into this trap. Avoid all conflict if possible! Assume any thing you say or do is being recorded! Maintain your best behavior! This can be very difficult in the emotional context of divorce. However, when you consider that most divorce cases are driven forward by emotional issues rather than legal ones, this becomes an absolute necessity to preserve your rights, facilitate settlement and reduce legal fees.

False Allegations of Abuse.

False allegations of sexual or physical abuse are also taken very seriously. Most states have statutes that allow the court to consider false allegations of abuse in making custody determinations. Moreover, false allegations of sexual or physical abuse to gain advantage in a custody proceeding may also result in criminal charges.

Preference of Children.

Many people incorrectly believe that the children have an absolute right to choose where they will live. That is not the case. Generally, a child may express a preference when that child has reached a suitable age and maturity level. Even if the child is able to express a preference, most courts do not place much weight on a child?s preference before the age of twelve. Even at that age and older, the child?s preference is only one factor out of thirteen for determining custody.

Children as Witnesses.

Many parents wish to know if their children can be called as witnesses. Although opinions on this topic may vary, most psychologists agree that placing a child in the role of a witness can be very traumatic and is usually not in their best interests. Children present testimony in only rare cases. Where cases do require the testimony of children, Courts will often require that a Guardian Ad Litem speak with them and represent their interests and statements to the Court. The Court may also speak to the children directly in a less intimidating setting such as the Judge?s chambers.

Maury D. Beaulier is a recognized leader in divorce and family law. Mr. Beaulier is a sought after speaker and has appeared on numerous television and radio programs focusing on custody reform and collaborative divorce. Mr. Beaulier?s practice includes Minnesota and Wisconsin. He can be reached at (952) 746-2153 or on his web site at http://www.divorceprofessionals.com

Other Article Sites

findabook.com  moneycd.info  a-mortgage.info   about-lemon-laws.info  aboutstudentloans.info
all-about-publishing.info  auctions-articles.info  bestcollege-university.com  bestispconnection.com
biblefolder.com  blogger-website.com  books-used.info  brokers-guide.info  buywindows.info  cable-dsl.info
career-miner.com  carpel-tunnel.info  cashinaflash.info  cashloanreviews.info  casinobell.com  chat-house.info
clearmycredit.info  collegeloantips.info  crones.info  depression-articles.info   dirnic.net  dishguides.info
divers-below.com  expodog.info   financewizz.com  fire-insurance.info  getgood.info  handleit.net   it-idea.info
health-supplies.info  hosting-right.com  insidealert.com  insurance-facts.info  jobs-employment.info
justgood.info  lookgold.net   lowcost-travel.info  money-source.info  myhostzone.info  numisblog.com
peoplesearchfinder.info  pr-articles.info  realeas.com   refinancing-guides.info  spyware-remove.info
telelot.info  the-law.info   toppaid.info  travel-deals.info  travelcorrect.com  wedding-guide-site.com
your-blog.info  your-credit.info

MORE ARTICLES:

Family Circus - Make Time For Family With An Internet Business
Sometimes, it seems like you don?t have a full 24 hours in a day. Between work, family, and sleep, there is no time for anything else. You never seem to have five minutes to relax, and on days when work requires overtime, you lose time with your family. In fact, it seems you never spend quality time with your children anymore. One way to get your life back under your control and manage time better is to start your own internet business. With an online business opportunity, you can decrease your work hours overall, as well as become more flexible and available for your family.

Business & Family Safety and Health Rating
For good reason, practically every endeavor in life is rated. I've seen ratings on who or what's #1 in business, industry, NFL, NBA, MLB, person of the century, athlete of the century, technology, restaurants, university, neighborhoods, travel destination, best looking, best movie, best book, etc.

Home Internet Business Opportunities: Reinvent Your Family
Think about your daily job, daily responsibilities, time spent at meetings, driving your kids to this activity and that sporting event, meal planning and preparation, house cleaning, on and on with our grossly busy lives, and what time is left for our family? Do you really think that 9-5 JOB is the answer to all of our hopes and dreams? Do you really think it was our personal goal to spend the majority of our lives at work? When was the last time you saw your son/daughter play in that school volleyball game or run in their cross country meet? Isn?t it time to put your family first?

The Best Internet Connection For A Top Home Internet Business
When it comes to working at your home business one of the most important things you will need is internet access Having a fast and relatively error free Internet connection is imperative for a person to be successful in working at home

Sales of Children's Travel Bed Soar as Summer Travel Hits
Gentle Air has seen an increase in summer travel sales due to hotels at popular summer attractions charging high prices for rollaway beds and cots.

New Home Based Travel Businesses and Training Available for Retirees and Work-At-Home Parents
Affordable training is now being offered for those wishing to set up their own home based travel businesses. Program offers participants everything they need to get started quickly and affordably in this exciting market.

SoGoNow.com -- Home of the Best Travel Article Written for the Internet in 2006
SoGoNow.com travel magazine announced that frequent contributor Linda Fasteson has won First Prize for the Best Travel Article Written for the Internet from The North American Travel Journalist Association.

Making Time For Your Family and a New Internet Home Business
Starting your own internet home business can be a very fulfilling experience. It offers many new and exciting challenges, with the hopes of providing financial security for you and your family.

Work At Home Internet Home Business Opportunity
There are various opportunities for work at home Internet home business opportunities on the Internet Because of the Internet, there are many opportunities for people to be able to take care of their families and work from home and as well

Children's Home Society & Family Services Receives Reaccreditation to Once Again Facilitate Adoptions in Russia
Children's Home Society & Family Services, a Minnesota-based international adoption service provider, announced today it has been re-accredited by the Ministry of Education and Science of the Russian Federation to facilitate adoptions in that country.

Travel Insurance When Pregnant Or Traveling With Children
There was a time when pregnant women would avoid traveling altogether, but these days women don't let pregnancy stop them from going abroad and having fun. Only you can decide whether the pros outweigh the cons when travelling while pregnant or with small children.

Home Based Internet Marketing Business - Staying Organized In Your Home Office
When working from home there is nothing more frustrating than not being able to find things when you need them. While most home business entrepreneurs see themselves as never having any time, you have to spend some of your time to organize things. If you can't daily, you should at least try for once a week, you should set aside some time to put things where it should be. Allot of people have a saying that there is a spot for everything and everything must be in its assigned place.

Online Magazine is Home to the Best Travel Writing on the Internet
For the second year in a row, SoGoNow.com is the home to the best travel article written for the internet as judged by the North American Travel Journalist's Association.

Families Mourning Children Travel to Nashville for July Compassionate Friends National Conference
The Compassionate Friends self-help support organization for families going through the natural grieving process following the death of a child is hosting its 31st national conference July 18-20 in Nashville, Tennessee. More than 1300 parents, siblings, and grandparents, as well as professionals who provide support, are expected to attend the conference. Highlights include well-known speakers, more than 100 workshops covering most aspects of grief following the death, a pre-conference Professional Outreach Day, and the Walk to Remember Sunday July 20 at 8 a.m. This conference is annually the largest in the United States aimed specifically for those left behind following the death of a child.