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Child
Custody Law is primarily be about "the best interests
of the child or children". However, much of the
time it is still the children that suffer the most.
If divorce is tough on parents, you can bet it's also
tough on the children. As mothers, we feel this and
so we just want to protect them even more.
The
impact of parents separating is naturally significant
on any child or children of those parents. When we think
emotions, fear is one of our strongest. When children
are used to living with both parents and then,
all of a sudden they find themselves having to live
with only one of them, they frequently experience a
very high degree of "fear and uncertainty".
This
is one reason why courts put significant emphasis on
"temporary custody orders" or informal custody
arrangements". A full custody battle may take a
year or more and any children of the marriage need to
have some certainty in the meantime. Deciding to leave
the house AND the children with your husband is likely
to work against you IF you want the children living
with you in the long run! Staying
put in the marital home with the children (in other
words insisting that your husband move out and into
alternative premises) means that the effect of separation
on the children is reduced - same house and surroundings,
same school, same friends and routine. Courts tend to
be reluctant to change this status quo, in the abscence
of good reasons for doing so. One
exception to this may be where domestic violence against
you and/or the children is involved. Another may be
where sexual abuse of your child or children is concerned.
Your personal safety and the physical, emotional and
psychological health of the kids take precedence over
everything else. Seek appropriate advice and help from
a child custody attorney. You may need a Domestic Violence
Protection Order AND an Order for sole and exclusive
occupancy of the former marital home - in addition to
an interim custody order! In other words, if you have
to get out to protect you or the children .. do so.
You can then apply to the court for orders that he vacate
so you and the children can move back in.
When
it comes to choosing a child custody lawyer, you'll
find that a Divorce Lawyer is, by definition, a child
custody attorney as well. This is simply because divorce
is very often concerned about child custody law, the
welfare of the children and who they are going to be
living with. Consequently, a California child custody
lawyer (for example) is generally just another name
for a California divorce lawyer. To
find a Family Divorce Lawyer in your area
CHILD
CUSTODY FORM
A
child custody form can be fairly straight forward. However,
the Forms relating to child custody law vary. To find
links to a Child Custody Form and forms relating to
other separation and divorce matters, just click on
your State.
Child
Custody Form - All US States
For
24/7 Live Legal Advice
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WHAT
HAPPENS IF YOUR HUSBAND WON'T MOVE OUT?
You
either stay separated "under the same roof",
move out yourself or apply to the court for an
interim order that you have sole and exclusive occupancy
of the house. If after obtaining such an Order
you husband fails to stay away, you may need to go
back to court to get a restraining order.
Of
course, with so many women in the workforce these
days and men taking a more active and caring role
in the lives of their children, joint custody arrangements
are becoming more common. There are parents who separate
amicably and make joint decisions with regards to
the welfare of the kids. If you're lucky enough to
be in this situation - don't screw it up. Be reasonable
and as objective as possible.
We
highly recommend that you seek a bit of professional
counselling advice to help you deal with your emotions
in a way that won't interfere with or negatively impact
on your objective decision-making processes.
Just 10 or 15 minutes with a trained psychologist
or counsellor can be very worthwhile. Remember, as
Barry Roche says is his book "How
To Win When Facing Divorce",
it is how you handle YOUR REACTION to what's taking
place that makes all the difference!
The
#1 Book On Separation & Divorce For Women
The
term "Custody" really refers to the person
who is to have the daily care, possession and control
of the child or children of a marriage. The term "Access"
refers to the other party's visitation rights. "Guardianship"
refers to the people who have the say when it comes
to issues affecting the "long term" welfare
of the kids, such as in matters of their health, education
and religion. In many jurisdictions, these terms have
been replaced with other terms such as "Residency
Orders" or "Parenting Rights". The
reason behind this was to break away from the concept
of "ownership" which the term "custody"
tended to convey.
Many
people don't realise it but denial of access or not
affording reasonable visitation rights (much more
so than "custody") is one of the single
most causes of child abduction or domestic violence-related
deaths. A parent faced with no contact with their
children gets extremely irritated. This is one reason
why there must be exceptional circumstances before
the court will deny access completely. Another reason,
equally important, is the fact that "access"
has long been viewed as a "right of the child"
rather than a "right of the non-custodial parent".
In order to take away a child's rights, the court
must be satisfied that it is truly in the child's
best interests for this to happen. Poor parents or
even in-frequent parents are still considered to be
"better than no parents at all". For a real-life
example of when total contact with children will be
denied, read Article
# 3: “I Have Already Lost One Child. Please
Help Me Not To Lose Another".
Wherever
possible, try to reach a reasonable arrangement with
your spouse. Family Law litigation is an expensive
exercise and costly, contested custody or access battles
only tend to inflame things. As children grow up,
they are afforded more say in where they want to live
and how often they want to have contact with the other
parent. Spending $15,000 on a custody fight only to
have the child decide for herself or himself, when
she or he is a bit older, that he or she wants to
now go and live with Dad can be a bitter pill to swallow.
As children grow up, their needs and preferences change.
Courts are reluctant to make custody and access orders
against the wishes of children who the court knows
will not take any notice of them any way - courts
want to appear to be effective whether they are or
they aren't!
To
find out about Parenting Alienation Syndrome
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HERE
DISCLAIMER:
- The legal information on this website is not
a substitute for legal advice. Each case depends
on its own merits and you should consult an attorney
for specific legal advice in relation to your
particular case.
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