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Why you should face your fears in custody disputes


Originally posted on 11/07/2016

A child looks confused sitting between her parents who are facing away from each other.Whether you a father seeking more parenting time and decision-making power in  your child’s life, or you are a mother who is fearful of losing a child, custody battles bring out the worst fears (and sometimes, simply the worst) in parents.

Nevertheless, there are ways to prepare and succeed in a custody action without losing your mind. This post will identify three things to understand that can help you face your fears in custody battles.

People Understand that You Have Faults

Whether you have an ex who is threatening to air all your dirty laundry (past drug use, criminal record, sexual orientation), chances are that the people evaluating your case have seen it before and know what faults parents can deal with. The reality is that parents are judged on their ability to care for their children and look out for their best interests, and a parent does not have to be perfect in order to do so. 

Both Parents’ Time is Valuable to the Child

More courts are taking the standpoint that a child’s best interests are served when both parents are involved in the child’s life. So the notion that the other parent is going to swoop in and take away all parenting time may be far-fetched. Instead, this may mean that a parent who exclusively manages the child’s time may now have to share time.

Family Court Judges Care About the Kids

You may have heard the phrase “the best interests of the child” thrown around. It essentially means that the kids come before a parent’s trepidations, unless the concerns center on the health and safety of the child. Absent that, a parent’s worries are not likely to be the basis for changing or withholding parenting time. 

Partner with an Experienced Divorce Attorney Who Will Handle Your Case

Divorce is never easy, especially when children are involved. No one benefits from a custody battle. Working with an experienced attorney, like those at Aldrich Legal Services, will ensure your case gets the attention and professionalism it deserves. Give our team a call today to set an appointment.

FAMILY LAW 77: Court awarded plaintiff sole legal custody; defendant was unwilling to work with plaintiff.

For joint custody to work, parents must be able to agree with each other on basic issues in child rearing including health care, religion, education, day to day decision making and discipline and they must be willing to cooperate with each other in joint decision making. If two equally capable parents are unable to cooperate and to agree generally concerning important decisions affecting the welfare of their children, the court has no alternative but to determine which parent shall have sole custody of the children.

CRIMINAL 19: Sentencing guidelines are advisory.

The sentencing guidelines are advisory, and although a trial court must determine the applicable guidelines range and take it into account when imposing a sentence, the court is not required to sentence a defendant within that range.

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