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What Best Interest
Children Family & Parenting Magazine Featured Article
Child Custody Info
Child custody laws vary from state to state each will have their own set to abide by. Child custody info without knowing the law of the state you are in will be general across the board information.
Custody can be defined as proper care and raising of a child, this can include defining religious beliefs, education, daily activities, medical choices and so on.
Most all courts in every state award child custody decisions based on what is in the child's best interest. Custody is not awarded based on what is best for the parents.
Here are general sets of factors the courts will rely on to award custody. These factors may very slightly depending on what state you are in, and the courts decision may not be made just because of these factors:
1 Desires of each parent.
2 Choice of the child, if Minnesota court deems him-her old enough,
3 Who the primary caretakers,
4 Closeness of each parent to the child
5 Personal relationship and interaction not only with 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 they have 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 while 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 continue contact as much as possible with other parent.
In most states the courts cannot base a decision on one factor, while ignoring the rest.
There are two types of child custody - Legal and Physical and they are quite different.
*Sole legal - if sole legal child custody is awarded this allows the parent to have say over matters involving the child's health, education, choice of religion, medical choices, daily activities etc. This type of custody gives no such rights to the other parent.
*Joint legal - if awarded allows both parents to make the daily decisions mentioned above that is necessary for the well being of the child.
*Physical - Physical custody refers to whom your child will live with. The parent the child does not live with usually receives generous visitation rights. These may include weekends, holidays, overnight stays and so on.
There are different types of physical custody:
1 Sole physical - when a child lives with one parent.
2 Joint physical - When a child splits living between both parents.
3 Bird's nest - When the child lives in the home and each parent takes turns living with the child.
It is important to understand that awarding joint legal custody does not mean both parents share joint physical custody.
This will give you a general idea regarding child custody info, but will give you no idea on what lays in front of you. The objective the court tries to supply your child with, which is, "what is in the best interests of the child" is what every parent wants for their kids when trying to come to a custody agreement. When level heads prevail and personal differences are set aside in many instances an acceptable agreement can happen between both parents.
Sadly what happens to many times is the inability of the parents to reach an agreement. Personal feelings of anger, distrust, rejection and wanting to get back at your ex or soon to be ex causes parents to end up thinking from a personal perspective rather than what is best for their child.
If and when it gets to this point all hell can and usually does break loose. Every part of your life will be looked at from a how can I make him-her look bad. What once was an innocent action or reaction is now scrutinized to find an angle your ex.'s lawyer can use against you.
It is at this point you need to circle the wagons so to speak everyday actions could be putting you at risk to losing your children. Talking to anyone about your feelings could potentially damage your opportunity to gain custody if it got back to your ex.
You must know in this situation what you must do from right now on to start giving your self an advantage to winning. If you knew:
-What to do?
-Where to go?
-Who to talk to and not to talk to?
-What a court expects of you and will require of you?
Now add answers to these questions to your arsenal:
- What do I do right now to improve my chances of winning custody?
- What behaviors must I exhibit to give me an edge?
- Get the answer to this one burning question any parent must have regarding sole custody!
- Must know secrets to getting an attorney to do as you say.
- Questions that will be asked during an evaluation.
- Know the behaviors that judge's look down at.
- Learn the 4 facts about mediation that can lessen the likelihood of a drawn out expensive court battle.
- Know what to ask a lawyer to see if they are qualified and will fight for you.
Can you see how important taking action and being prepared is? I am not talking about picking up a phone and calling the first lawyer in the book and paying him to handle it. This is your child! I am talking about doing whatever it takes to give you the best chance and to give you a decided edge on winning custody of your child.
You must be prepared before you obtain a lawyer, retaining the wrong lawyer can not only be expensive but more importantly will hinder your best chance of winning.
You and your child deserve the best possible future, all the horror stories about divorce and child custody are not always true, but when they are they become nightmares for a parent who does not know where or who to confide in, in these trying circumstances.
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 Nup and calling the first lawyer on the page. Discover how this child custody information System CHILD CUSTODY INFO can save you $2,500 in attorney fees... and help get full custody of your kids. CHILD CUSTODY INFO
Winning Child Custody
It is an unusual situation you may find yourself in when attempting to show yourself as the best possible parent while proving the other parent is unfit. While many people believe the other parent is unfit the line is certainly not clear. What is unfit? If you poll 100 different Judges you will get 100 different definitions. Your desire to prove your former spouse unfit may lead you to take a more extreme position on the issues than you might normally take. You will not look good to the court by doing this.
There is no winner in a custody battle. The children involved certainly gain nothing regardless where they reside. At best you can only work to minimize the damage divorce brings to your children. Remember, your children are not possessions, they are people who have emotions and feelings. They love their parents, in most cases, both of them so you do a great deal of harm by attempting to damage your former spouse in your custody fight. Stay on high ground, you can win by being better prepared.
The first thing you should do in the beginning stages is get temporary custody. The old adage of possession being 9-10th of the law may come into play when the time comes for a decision to be made regarding where your children will reside. This move assumes you have hired a competent attorney who understands family law in your state. Don't take the advice of your friend or anyone else who may advise you on how to proceed. Find the best lawyer in your community. Trust me, it will be money well spent.
Second on the list of importance is documentation. You must document everything no matter how insignificant you think it may be. No one every lost a custody battle by having too much documentation. Your emotions will be all over the place during this process and documenting things can help you sort out what is important and what is not. It also shows the court of your willingness to make an effort to keep custody of your children. You would be surprised how many parents don't bother to do a simple thing like document everything in their quest for custody. Don't inject opinions or sling mud in your documentation, just keep it factual.
These few tips can really make a difference in gaining custody of your children. For more Child Custody Strategies visit my website href"http:--www.gettingchildcustody.org-">Getting Child Custody.
Dave Huffman, against the odds, gained custody of his 3 children after applying the principles learned from Dr. Barry Brickin and Dr. Gail Elliot
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