Common Issues in Child Custody

Posted by on Mar 1, 2017 in Family | 0 comments

Divorce is already a stressful thing, but it can even be more stressful when children are already involved. Determining custody of children is often the most highly contentious part of a divorce.

Of course, all the contention can result into physical, emotional, and psychological exhaustion. To limit the toll of the legal process of child custody, it is important to know the most common issues associated with it.

Child’s best interest

It is a misconception that child custody is always granted to the mother. In fact, the courts have no gender bias and consider the best interest of the child. Best interest has no clear scope, but it may include the child’s age and his or her development process, such as in health, education, and security. The parent who can give the better development for the child is the one granted custody. Since there is no clear threshold for best interest, it is often an issue in child custody, as arguments arise on who really gives the best interest to the child.

Child’s preference

It is true that when the child reaches a certain age, he or she may have a voice to choose which parent he or she wishes to be with, but it is important to note that this choice is not absolute. The court may be able to use it as a factor in determining custody, but the best interest of the child is still the primary factor. The weight of the child’s choice depends on the child’s age, maturity level, and reason for the choice.

Physical and Legal Custody

Custody can be classified as physical and legal. Physical custody refers to the right to have the child reside with him or her, while legal custody refers to the right to make decisions regarding the child’s development, such as in health, education, and religion.

Sometimes, sole custody is awarded to a parent, where he or she will have physical and legal custody over the child. Sometimes, physical custody is awarded to a parent and legal custody to the other. There may also be instances where joint custody is awarded to the parents, where physical and legal custody are divided between them.

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Easy Mistakes That Lead to Swimming Pool Injuries in Children

Posted by on Jun 16, 2016 in Family | 0 comments

Most parents know the basics of swimming pool safety. The child must wear a life jacket, be supervised, and swim in safe water. However, there are plenty of seemingly small mistakes that a parent can make that can injure the child. According to The Sheboygan Personal Injury Attorneys of Habush Habush & Rottier S.C., swimming pool injuries affect “More than three thousand children and adults.”

According to the CDC, “About one in five people who die from drowning are children 14 and younger.” With swimming pool injuries being such an issue, especially for children, it is important that parents pay attention to the little things. A young child should always have a life jacket, and not be allowed just an inflatable device. The parent may not see this as an issue at first, but the device may deflate while the child is in deep water or they may slide off unintentionally.

According to the Seegmiller Law Firm, it is “advisable to take extra precaution and only swim in the presence of someone who is lifeguard certified.” But sometimes a lifeguard is not available and the parents are responsible for supervising. If the adults are under the influence of alcohol, they will greatly increase the risk of their child’s safety. Additionally, the parent must be in close proximity of the child at all times to ensure quick rescue if something does go wrong.

Parents may think that just because the pool water is shallow that their child won’t drown. But hot tubs especially are a hazard area for young children who will overheat easily. Inadequate safety precautions can cause injuries to the brain, muscles, and emotional health. Therefore, it is important for a parent to take notice of the tiny mistakes which could save their children from swimming injuries or death.

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Marijuana in a Broken Marriage

Posted by on Jun 15, 2016 in Family | 0 comments

Marijuana is one of the most popular recreational drugs in America and is used by millions of Americans every day. Despite this, the use of marijuana can affect many aspects of a divorce, especially child support and custody. In Colorado both recreational and medicinal use of marijuana is legalized. But according to the Family Law and Cannabis Alliance, the law contained no specific provision to protect parents from CPS intervention. The severity of the effect on the divorce, whether the user is being divorced for an addiction or battling custody, lies at the hands of the judge.

One of the contributing factors concerning substance abuse in a divorce is the conduct of the user. The court usually looks at when and where the marijuana is consumed. For example, if the spouse uses marijuana in a more conspicuous place like a car as opposed to the public area of the home, the severity of the charge can decrease. The frequency of use is also investigated to determine the degree of abuse. According to Westchester drug crime attorney, a spouse can file for divorce based on factors such as possession, sale, cultivation, and paraphernalia.

If a child is involved in a divorce involving a drug charge, the difficulty for the user to be granted custody increases significantly. Toddlers and adolescents are assumed to be at a greater influence of the use of marijuana. Also, like any child custody case, the financial and professional lives of the spouses are evaluated. According to BB Law Group PLLC, “Generally, the parent with whom the child resides most often receives child support payments…but this, and the amount of payments, might vary.” Overall, a drug charge complicates the nature of the divorce and financial future of the user.

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