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Child Custody Battles

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Child Custody Factors

Child custody factors for each state are based on "The best interests of the child". The parent's wishes are acknowledged, but carry little weight on a custody decision. These factors include but are not limited as the only factors to use to determine child custody.

Each state has a set of factors and one state may not be the exact same as in another state. In most states it is unlawful for the courts to base a decision on a single factor, while ignoring the others.

Here are the factors in no particular order of reverence:

1 Desires of each parent.

2 Choice of the child, if Minnesota court deems he-she is old enough,

3 The primary caretaker,

4 Closeness of each parent to the child

5 Personal relationship and interaction with not only each parent but also any siblings or any person who greatly affects the child's best interest

6 Adjustment to home, school, and community

7 The amount of time the child has lived in their current positive,stable environment and the ability to maintain the current environment,

8 How permanent will the existing home environment be?

9 Mental and physical health of all involved

10 Ability and willingness of the parties involved to continue the mental and physical love and guidance, also continuing guidance regarding culture, religion or creed,

11 History of violence regarding all parties involved

12 Each parties willingness to allow and offer encouragement to a continuing relationship with the other parent.

The court interprets these factors to provide for the best interests of the child. An unscrupulous ex and-or their lawyer can interpret these factors in a way to better them and to make you look unfit.

We all want what is best for our children and these factors are needed to help determine that. If used correctly these factors are a real basis for achieving a fair agreement. It's a shame how these factors can be misconstrued and twisted around until someone is looked at lower than the doormat you stand on is.

When parents split up quite often a fair agreement is worked out and a stressful situation can begin the process of adapting and healing. When an agreement cannot be found, and the court and lawyers become involved the gloves are removed and it is time to protect your child and your self. Silly innocent remarks, ways of doing things and everyday actions will now be gone over with a fine toothpick.

Ex's who wanted to make nice, may become bitter, angry, hurt that you think you are entitled to anything and will do anything to get custody of their children. What you are doing and not doing right now is undoubtedly going to factor into a courts determination.

It is imperative that you act now regarding the serious issue at hand, I understand the feelings of anger, betrayal, and what do I do now? More than ever you must take action, your future as you see it may never be the same.

Know what you need to do before a lawyer or the courts get involved. The court will scrutinize your actions before the breakup and undoubtedly after the breakup.

Connor Trautmann is impassioned regarding children and their well-being. The first step to winning child custody is to understand what is involved and needed to win custody of your child; it is not by picking the phone up and calling the first lawyer on the page. Discover how this child custody information System CHILD CUSTODY FACTORS can save you $2,500 in attorney fees... and help get full custody of your kids. CHILD CUSTODY FACTORS

Child Custody Grandparents

After the decision taken by the US Supreme Court in Troxel case, visitation and child custody grandparents rights are being determined based on the best interests of the grandchildren. Factors such as the pre-existing relationship between the child and the grandparent and the reason for the parents' objection often determine the level of visitation rights and child custody for grandparents seeking court ordered times to be with their grandchildren.

Today, all states have statues authorizing a court to award visitation to a grandparent under certain circumstances. For example, California requires two prerequisite findings before granting visitation rights to a grandparent. First, there must be a preexisting relationship and bond between the grandparent and the grandchild and second, the requested visitation must be in the best interest of the child. If the prerequisites are found, the court must also balance the interest of the child in having visitation with the grandparent against the right of the parents to exercise their parental authority. Family Code 3103 .

In contrast to California, Virginia has a broader law allowing child custody grandparents visitation rights to be petitioned in the court even when the parents and children are in an intact household. Virginia's Supreme Court rejected a challenge to its third party visitation law, on the grounds that it interfered with a parent's fundamental constitutional right to autonomy in child rearing. The court held that the statute would be constitutional even as applied to intact families if visitation were ordered even over the objection of a parent on a showing that the child would be harmed without such visitation .

However, Virginia is in the minority. Most state courts do not permit a grandparent to petition the court for grandparent visitation rights if the family is still intact. The intent is to preserve the parents constitutional right of privacy and autonomy in child rearing. For example, Illinois recently upheld the constitutionality of its grandparent visitation law which allows an award only when the family is not intact. The statue allowing grandparent visitation only for non-intact families was not a violation of the equal protection clause of the constitution .

Copyright 2008 Child Custody Coach

Child Custody Coach supplies information, written materials, online materials, and coaching services to parents in the field of child custody, namely, divorce, child custody and visitation issues, child custody evaluations, child custody grandparents issues, and parenting. Custody Match is an online consumer and family law attorney matching service to help consumers find the right Southern California child custody lawyer.

Child Custody Mediation

If you choose to negotiate with child custody mediation, you don't have to go it alone. You can go into mediation where you discuss issues in a structured, formal process.

Mediation has many advantages over litigation, but if the other parent does not cooperate, then mediation may not work. If you decide to go with mediation, choose the child custody mediator with care. The skills of the mediator will influence the outcome.

Besides mediation, other forms of alternative dispute resolution include child conciliation and child custody arbitration, though those forms are rarely used in custody disputes. If you need to resolve a dispute, but do not want your case to be tried by a public judge, you can opt out of the legal system entirely by hiring a private judge, who can resolve the case more quickly and privately.

If you cannot agree on custody of your children, you can try to resolve your dispute through mediation.

Mediation, or assisted child custody negotiation, is one way to settle your dispute. In mediation, you meet with a third part, or mediator, who helps you discuss the issues and create a mutually acceptable agreement.

A mediator does not take sides or make a decision for the parents. Instead, the child custody mediator helps you and the other parent find your own solution. If you come to an agreement during mediation, the agreement is written up and filed with the court--making it an official court order. If you do not agree, you can continue with the dispute by reverting to traditional litigation.

The bottom line is that a fair settlement agreement produced by child custody mediation will save you money. This is the reason that mediation as a form of dispute resolution has become so popular and becomes more so each year.

Advantages of Mediation:

-Save time and money -Create a better agreement -Learn problem-solving skills

Disadvantages of Meditation:

-The other parent may not cooperate -The other parent may dominate -The other parent may scare you

Winning custody of your children shouldn't be as difficult as it is. There are easy to follow and simple to learn programs available to you that will help you gain the upper hand and win your custody case. Don't simply listen to the advice of your lawyer because it may not be enough. Take the extra steps, learn the right strategies, and you'll gain the knowledge to win the case and take custody of your children. Learn about these incredible resources here: http://www.child-custody-strategies.com

Child Custody Battles

One way to save money and win your child custody battles is representing yourself.

Don't dismiss it. You can win your own case...

If you know what you're doing.

When you hire a child custody lawyer, you're hiring someone who knows the law. Your lawyer knows which laws apply to you and has the skills to represent you in court.

But family law-like all law-is based on common sense. If you have the time and the desire, you can acquire enough basic knowledge to represent yourself in your child custody battles.

Representing yourself-or being a pro per or pro se litigant-allows you to save substantially on lawyer's fees. Unfortunately, you'll also have to learn the court rules and procedures.

If you decide to represent yourself, you can seek out many resources for help, including legal typing services, divorce assistance centers, and self-help law books. You can even hire an attorney as a legal coach.

Pro Per

If you have to interact with the legal system during your child custody battles, either because you need to file some legal papers or because you must go to court, you're not required to have a lawyer represent you. You can also represent yourself.

If you represent yourself, you are often called & pro per or pro se. Both are Latin phrases meaning "for yourself."

Pro per litigants can do everything a lawyer can do, including:

. Write and prepare legal documents. . Investigate prior judicial decisions. . Conduct discovery. . Negotiate settlements. . Argue a case at trial.

Many people represent themselves. One Florida judge estimates that approximately 70% of the litigants who appear before him are pro pers. A California judge estimates that half to three-quarters of the litigants he sees are pro pers. And the Los Angeles Times reports that as many as 84% of all child support cases involve at least one pro per parent.

Representing yourself in child custody battles is a statutory right, and many people choose to do so. The right to self-represent, however, does not extend to representing others. Only licensed custody attorneys have the right to represent someone else.

Brent Delaurentis is a father of a 6 year old girl and webmaster of The Child Custody Blog. Because he went through a long and painful custody battle he knows exactly how parents who have to go through this feel. Learn more about Brent and How He Won His Custody Case And How You Can Win Yours By Clicking Here

Child Custody Advice

I am going to take a different approach to child custody advice, maybe you will like it maybe you won't, anyone can slap down their 10 top pieces of advice regarding child custody and 95% will all be the same, I do not think these will be a whole lot different than most, hopefully this advice will come from a different place and help you settle one of the worst times you and your child will go through.

Respond to what I have written, I dare you to respond honestly you have to you owe it to your child.

- Ask your self why am I fighting this? What benefit will my child and myself gain with me fighting over this with my ex? Now ask your self what other reason besides the good of my son or daughter welfare is this important? If it comes back to ill feelings for your ex, or wanting him-her to hurt like you do STOP IT!

I have been there and know that sick, hopeless feeling you have, those angry feelings of betrayal, and of being let down, of being alone. It will get better but you have to start here and now by agreeing to a custody plan with your ex. You have to for your well being so you do not go crazy and your kid's well being to start recovery.

- Ask yourself: do I want the court deciding my out come with no input from me? Well do you? That statement is a stretch because the courts want both parents active in their child's life even if not in each other's, but going to court over a custody dispute gives all say to the state, regarding which your child lives with, visits, where they live and so on. This does not make sense to me and I do not believe it does to the court either and it sure in the hell should not to you!

- If I could not be there when your little one needed me to be there, what would you do? Let him-her stay alone? Of course not, now how could you honestly want your child to live with you if you could not be there? I bet if your thinking straight you will agree?

- If he or she is cold and hungry are you going to say deal with it yourself? No your not, but if you cannot afford to support your child then this what you are asking him or her to do. Can you look them in the eye right now and ask them to do this?

- Do you take your kid's down to the local drunks at 9:00am, drop'm off in the back where the pushers and users are then after work pick them up from there knowing they were in a god-awful place? What kind of stupid question is that? You are asking me?? If you are addicted to drugs or alcohol, it's a good question.

- If you have not been around and all of a sudden you want to be mommy or daddy, what is up with that? Do they even know you?

- If you cannot stand your ex, what they stand for, hate him-her for taking a breath of air, can you honestly accept and encourage your children to spend time with the other parent and not sabotage the relationship?

- What is your definition of abuse? Is it the same as the law? Do you come unglued to the point of no return, are people afraid of you, should they be? Is it all right to hit? Man that is a tough question to answer.. No it is not! Is it?.. We both know it should not be.

- Last question, is there anything more important than your child's health, safety, well-being and happiness? Pardon me.. You said what, I could not hear you? No, nothing is more important, prove it to him or her! Hammer out a custody agreement with your ex.

Your heart may be heavy and your stomach has that sickening feeling and the only way to come back from where you are is to start here. This custody advice or these questions if you prefer are not new, the end to all ends or magic. This advice above comes straight from what each state basis a custody decision on, and that is a set of factors, these factors may slightly vary from state to state but not by much.

Here is a general list of factors:

1 Desires of each parent in regard to custody,

2 Choice of the child, if Minnesota court deems them to be old enough,

3 Who is the primary caretaker?

4 Closeness of each parent to the child

5 Personal relationship and interaction with not only each parent but also any siblings or any person who greatly affects the child's best interest

6 Adjustment to home, school, and community

7 The amount of time the child has lived in their current positive, stable environment and the ability to maintain the current environment,

8 How permanent will the existing home environment be?

9 Mental and physical health of all involved

10 Ability and willingness of the parties involved to continue the mental and physical love and guidance, also continuing guidance regarding child's culture, religion or creed,

11 History of violence regarding all parties involved

12 Each parties willingness to allow and offer encouragement to the child to continue contact as much as possible.

If you compare my advice to the courts factors involving custody there is not any difference. The difference is the means to get to the decision. Both you and your ex as parents of your child can come up with a child custody plan that is best for everyone or the court will do it for you..

Connor Trautmann is impassioned regarding children and their well-being. The first step to winning child custody is to understand what is involved and needed to win custody of your child; it is not by picking the phone up and calling the first lawyer on the page. Discover how this child custody information System Child Custody Advice can save you $2,500 in attorney fees... and help get full custody of your kids. Child Custody Advice

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