Tag Archives: Child Custody

3 Factors Affecting a Child Custody Ruling: What Parents Need to Know

Little girl hugging fatherAs a couple with children who plans to separate, an option to consider is appealing for child custody. Each parent may want to have the full custody of their children, but it’s the court that decides what the better choice is for the children involved.

Couples seek legal assistance to be granted of child custody, and they trust lawyers with a proven track record. The Burnham Law Firm, P.C. explains that family law and its provisions could be confusing, so a child custody lawyer makes it easier for any parent to understand what a custody entails.

The court goes through every detail to determine what would be in the child’s best interests. Here are some factors affecting child custody:

The main caretaker

An important factor in granting child custody is recognizing the main caretaker of the child. This should be the parent who does most of the childcare duties, such as feeding, bathing, preparing meals, taking the child to school, etc. Aside from childcare duties, this parent may be the closest one to the child because of their emotional connection.

In evaluating a child custody case, the court considers who the main caretaker is. This is to help the child adjust easier after the parents are separated.

The health aspects

The court analyzes the health of both parents before giving the ruling. This is crucial because any health-related problem can lessen a parent’s chances of being granted child custody. Serious health conditions can negatively affect parenting capabilities, so the court carefully considers this factor.

The court checks the physical and mental health aspects of both parents. If one parent struggles with one or both aspects, chances are the court will put a greater trust in the other parent for custody.

Parent-child relationship

Another factor in the court ruling is the relationship of the child to their parents. The child may have a stronger emotional bond with one of them. Also, the child may be comfortable in the presence of one parent, but uneasy with the other. The parent-child relationship is another critical factor that the court considers when making a custody ruling.

If the child is old enough to express their choice, the court asks for that opinion. The willingness of the child to be with one of the parents will also affect the child custody ruling.

Both parents need to prove their capability and commitment to providing a loving and good environment for the child. This involves different factors, which the court assesses thoroughly. In the end, the court will decide on the child custody ruling that will be the most beneficial to help the child grow up in a positive setting.

A Facebook Post Away from Full Custody of the Kids

Social Media

Social media plays a vital role in today’s society. Most people browse through their phones, killing time by liking and sharing on popular platforms such as Facebook, Instagram, and Twitter. Facebook is the most popular out of all of the social networks, with over a billion users online every day.

Social media is a valuable source of information – which can also come in handy during divorce and child custody cases.

For Denver, Colorado’s lawyers focused on family law, social networks are helpful when it comes to gathering evidence, which puts the case in your favor. If you use it well, the judges may consider giving you full custody of the kids.

Social Network Evidence

For most child custody cases, discovery is always a valuable part. The court may allow both parties to gather information on each other. Facebook and other social networks have made gathering evidence easier for both you and your custody lawyer.

What’s the big deal with social posts anyway?

What you post on social media says much about your personal behavior, particularly with family and friends. Courts will consider evidence in posts that affect the child’s best interests, which include the following:

  • Parental alienation
  • Family disputes
  • Poor parenting skills
  • Evidence of neglect or domestic violence

The Double-Edged Sword

What you post on social media has a big impact on the outcome of your child custody case. Facebook posts and other social media activities should always be beneficial and in your favor; otherwise, the other party can use them against you.

Keep in mind that child custody lawyers can gather evidence by using your messages and posts in court. In complex cases where posts and messages cannot be accessed, the court has the power to subpoena information from the social network.

Social media is a powerful tool, especially if you want the pendulum to swing your way, but you must be careful too. One rant might turn the tables against you.

Divorce in Texas: Key Facts to Know

Divorce in Texas

In Texas, you could use either no-fault or fault grounds as your reason for divorce. You could also use the reason that you’ve been living separately from your spouse for three years at least. Utilizing fault grounds might offer an advantage during a dispute regarding property division and the alimony amount.

Before filing for divorce, however, take note that you or your spouse should have been legally residing in the state for at least six months.

Property Division, Child Custody, and Child Support in Texas

Because the state is a “community property state”, any income that you and your spouse earned during your marriage, as well as all property you purchased with your combined earnings will be considered marital property, meaning that both of you equally own it. Essentially, these properties will be equally divided between the two of you when you divorce.

Similar to the stance of all the other states, the court presumes that it would be in the child’s best interest to have regular and continuing interaction with both parents following a divorce. This means that courts would generally lean towards joint custody, while the specific nature of time-sharing will be based on the best interests of the child. Both of you would also have to support your child after the divorce. The specific amount will be dependent on each of your incomes and the time each one of you spend with your child.

More Things to Note

According to Busby & Associates, a top divorce attorney from Houston, the state doesn’t recognize legal separations, which means that the law doesn’t have provisions for court actions in relation to legal separations.

However, spouses could opt for a written agreement regarding spousal support payment and division of debt and property while they’re divorce suit is pending. If the judge finds the written agreement terms fair to all involved and approves them, the court might include the terms by reference in your final divorce decree.


Child Custody Laws in Queensland: The Child’s Best Interests

Child Custody in QueenslandAccording to the Family law Act, children must be adequately safeguarded from any harm and properly cared for, and it is the responsibility of parents to do so. These basic family law principles don’t end in the event of the parents’ divorce or separation. When courts determine parenting arrangements, they consider first and foremost the child’s best interests. But what exactly are the child’s best interests? According to the Family Law Act, these include:

  • Any request or wish of the child. However, while the court interprets these requests, the court will take into consideration any factors that might be relevant to the capacity of the child to understand the situation, which includes the child’s age and maturity level.
  • The history and nature of the relationship of the child with each of his parent.
  • Whether changing the circumstances of the child will affect his wellbeing. This could include how the child might be affected when separated from one of his parents or siblings, parents’ partners, or grandparents that the child grew up with and lives with, explains a renowned family law solicitor in Queensland.
  • Whether there will be practical hardships following the custody order, like difficulties with lifestyle, education, or financial expenses that might occur due to a long-distance custody arrangement.
  • Each of the parents’ capacity to provide and care for the child, which likewise includes the child’s intellectual and emotional needs.
  • The parents’ emotional, mental and physical health.
  • Each of the parents’ overall attitude and dedication to the child with regards to parental responsibilities.
  • Whether there’s history of abuse or family violence.
  • Other circumstances or facts that the court deems relevant in making a child custody arrangement.

It is also crucial to note that the law considers both parents responsible for raising and caring for their child regardless of whether they have been or were a couple. However, although responsibility is typically shared equally, there’s no guarantee of an equal split in time that each parent will share with the child. There are however specific circumstances such as a history of sexual abuse or violence where the court will revoke a parent’s right to share time with the child.