After divorcing parents are fighting over custody, suffering all the family. An upstream port and feeling as the judge find something wrong with him/her, and the other parent can feel that he or she won. In most cases, it is a close call, but the judge would be equally willing to place the child with either parent ...
When the judge makes a decision on custody, he or she is basing it on what appears to be "the child's best interest". Each State's laws, a list of factors that the judge should use a comma to his/her conclusions. These factors are open ended, but the results of a case may come down to an individual judges personal opinions. Some cases are so close that the judge gets to guess where the child would be better off. It is difficult for a judge to tell who is more sincere when two people claim to be angels, while saying that the other guy is a fugitive living in a poor location.
Type of information that can help the judge makes his or her decisions are often difficult to obtain, since most family events happening behind closed doors. In too many cases angry husbands exaggerate or even lie about the other person's character. Smoking pot with a friend once can be presented to the judge as an ongoing drug abuse. The other parent tipsy birthday celebration may be submitted to the judge as a full blown alcohol problems. A well earned swat on butt can be treated as child abuse in court by an ANGRY parent.
A bad attitude to the other parent can result in a loss of custody. The courts agreed that children should be encouraged by every parent has a healthy relationship with others. The judge may remove a child from a parent home if it is the only way to secure contact with the other parent. The judge may also have the original guardians from having contact with the child for the duration necessary for the child to adapt to the other parent's home.
Also a loving parent, he or she faced a restriction of his/her visitation privileges. In a case such as the Indiana court supervised visitation for ordered a father who truly loved his daughter, and had a loving relationship with her. The problem was that he was Egyptian. Though he swore he had renounced their citizenship and become an American, his threats to return to his birth with the child is asked the judge to give him supervised contact. Egyptian laws for men, and the Court understands that the mother would be a great disadvantage to get back her father left with the child.
If the guardian wishes to move, he/she must inform the other parent in its/their intentions. This is so that the child does not disappear without a trace, deprives him/her in contact with his/her parent. The non-custodial parent's residence are also important because of the need to collect the children.
Specific requirements vary from country to country. If you want to move, you should be prepared to allow the other parent who are familiar with your new address, your new phone number, if your new job and the reason you want to go. The other parent can be your plans, and even if the judge cannot prevent you from going, the child may need to remain. Leaves without giving this notice can in itself be grounds for a change of custody.
If the variable parent can prove that he or she has valid reasons to move, he/she probably will be allowed to leave. Custodial parents to move is not in itself reason enough to provide child care to the other parent. However, factors such as schooling and close relationships with other relatives and friends can convince the judge that don't move the child's "best interest". In this case, the custodial parent either stay in the State or transferring custody of the child.
If the parents are both unable to give the child proper care, the Court may place him or her with a third party. This would be a friend or relative, if possible. It may however be foster parents if there is no safe alternative for the child.
In most cases parents know where their children should live despite divorcing. They are willing to give one another trap in parenting skills and abilities. Neither would other be removed from their children's lives, and are prepared to take extra time and effort required to help the non-custodial parent to maintain contact.
If the parties refuse to do child custody decisions themselves, the judge must do it for them.Even a wise judge not mae good parents of people allow their own differences affecting their relationship with their children. Warring parents cannot help but harm their children. This is not to say that a couple will never ask a court to decide on custody. Sometimes, there is no choice, people who are unable to agree on this important issue, however, should get advice before they go to court to try and decide together which is really in their children's best interests.
Lucille Uttermohlen has been a family law attorney for 27 years. In addition to the divorce, she specializes in fatherhood, adoption, guardianship, probate and criminal law. A free ebook about the divorce process on Lucille at:
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