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Things You Should Know about Divorce and Custody Battle

Things You Should Know about Divorce and Custody Battle

Divorce

The end of a marriage is always a sad and sometimes heart-breaking event, usually marked by disappointment, betrayals and the loss of expectations. However, most times, there are lots of financial, emotional, legal, parental and practical aspects that require changes and adjustment which can take some time.

Nevertheless, divorce serves an important purpose by emotionally and legally freeing people from unwanted relationships to enable them to find and form a more stable relationship with others or themselves.

Divorce is becoming less adversarial and contentious with approaches like mediation and negotiation. This is especially beneficial for the children, who are at a disadvantage and have their needs often overlooked in contentious divorces.

Divorce and Child Custody

In most cases, the custody battle is what makes the divorce even messier; with both parents fighting for the right to have custody of the child without considering what exactly might be best for the child. This is where the courts step in to make sure that the best interest of the child is well represented.

Over the 5 years that I’ve been practicing law, people always ask me what the court considers in determining child custody award. Most of the time, the facts of each case differs and varying laws across the country are also a factor. However, regardless of the courts’ jurisdiction, most courts when considering child custody base their decisions on the best interests of the child.

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Sometimes, if the child is older, the court may give consideration to the parent he/she would prefer to live with while in some very contentious cases, the court may appoint a guardian ad litem to represent the child’s interests.

    Factors that Impact What’s in the “Best Interest of the Child”

    In considering what’s in the best interest of a child, the courts will in some cases consider some of the following factors:

    • The age, sex, mental, and physical health of the child.

    • The willingness or unwillingness of the parent to accept custody.

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    • The ability of the parents to agree, cooperate and communicate on issues relating to the child.

    • The safety of the child and any history of domestic violence, alcohol or drug abuse of any parent.

    • The mental and physical health of each parent.

    • The lifestyle of each parent, to determine if the child will be exposed to a hazardous environment and which parent can provide the child with a stable environment.

    • The emotional bond between the child and each parent.

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    • The ability of each parent to provide for the basic needs of the child, including food, clothing, shelter, medical care and guidance.

    • The special needs of a child.

    • The ability of the parent to provide adequate and quality education to the child.

    • The child’s established living pattern in relation to religious training, school, and extracurricular activities, and how a change in the child’s living situation would impact him.

    In some instances the court may take into consideration which parent would not alienate the child from the other parent; the parent who seems more likely to encourage the child to maintain a relationship with the non-custodial parent.

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    Types of Child Custody

    After considering these factors, in instances where the court finds that both parents are responsible, the decision might come down to the type of custody that would best serve the child’s interest. The court might order one of three types of custody:

    (1) sole custody; awarding both the legal and physical custody of the child to one parent/spouse.

    (2) joint legal custody; Both parents/spouses have joint responsibility for all major decisions regarding the child’s welfare, health and education.

    (3) joint physical custody. In this case, the court will usually designate one parent’s house as the child’s principal residence and determine a time-sharing plan for the other parent.

    Getting Legal Help with Child Custody

    Divorce and child custody cases can be messy, highly emotional and stressful for parents and children. You should not attempt to represent yourself in a child custody case because it could be very risky. Before moving forward with a divorce especially where a child custody battle is involved, you should be well informed and consult with a family and divorce lawyer or professional who will assess the advantages and disadvantages of your case and advise you accordingly on the laws in your state.

    Featured photo credit: Rosalind Sedacca via jenningswire.com

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    Elise Bauer

    Freelance Writer, Lawyer & Blogger

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    Last Updated on July 18, 2019

    10 Small Changes To Make Your House Feel Like A Home

    10 Small Changes To Make Your House Feel Like A Home

    Your house is more than just a building that you live in. It should be a home that makes you feel welcome as soon as you open the front door.

    Making your house feel like a home is not something that simply happens on its own. You need to make some changes to a house when you move in, to give it that cozy, warm feeling that turns it into a true home. To help you speed the process, follow this guide to 10 small changes to make your house feel like a home.

    1. Make the Windows Your Own

    When you move into a home, they often come with boring Venetian blinds or less than attractive curtains.

    One of the best ways you can instantly warm your home and make it showcase your style is to add some new window dressing. Adding beautiful curtains not only improves your home’s appearance, but it can also help to control the temperature.

    2. Put up Some Art

    If you have a lot of bare walls in your home, it will seem sterile no matter how beautiful your paint or wallpaper is.

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    Hanging art on the walls will instantly give it personality and make it feel like home.

    3. Improve the Aroma

    A house that is not filled with inviting smells will never feel like a home. There are loads of ways you can make your home smell nice. There are tons of air fresheners on the market you can use.

    Incense and scented candles are a nice option as well. Don’t forget that baking in a home is also a great way to fill it with an aroma that instantly smells like home as soon as you open the front door.

    4. Put out Lots of Pillows and Throws

    A great way to make your home look warm and inviting is to place lots of pillows and throws out on the furniture. It is much better to have too many pillows than not enough.

    There is nothing like the feeling of sinking into a cushiony pillow that feels like a cloud to make you feel like you are at home.

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    5. Instantly Class up Your Closet

    If your closet is filled with wire or plastic hangers, it will never truly feel homey. To instantly make your closet feel classy, change out your old hangers for wooden ones.

    Not only do they look great, but they are better for hanging your clothes as well.

    6. Improve Your Air Quality

    One of the most overlooked ways to make your house feel more like a home is to improve its air quality.

    The easiest and best way to upgrade the air quality in your home is to change the old, dirty filters in your furnace regularly. Get some air filters delivered to your home so that you always have some on hand.

    7. Fill it with Plants

    Another way to improve the air quality in your home is to fill it with plants. You should have plants in every room of your home.

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    They help to improve the air quality and they look beautiful. As well as making your home appear homier, plants also help to boost your mood and lower your stress levels.

    8. Change the Doorknobs

    Most people don’t really give their doorknobs a second thought unless they are broken. That is a shame because changing your doorknobs is an easy way to add personality to your home.

    Changing your old, boring doorknobs to new ones that are works of art will instantly brighten your home.

    9. Upgrade Your Tub or Shower

    There is nothing like luxuriating in a whirlpool bath or steam shower to make the cares of the day melt away. Your family deserves a bit of luxury when they are in their bathroom.

    Install a new shower or tub today to make your bathroom worthy of a place in your home.

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    10. Fresh Cut Flowers

    You can make any room in your house feel homier by placing a vase full of beautiful flowers in it. The gorgeous look and intoxicating aroma of fresh cut flowers will immediately brighten your day when you encounter them.

    You don’t have to make all these changes at once. Try one or two a day though, and your house will feel like a home before you know it. The trick is to constantly keep adding these homey touches to make your home a place worthy of its name.

    Featured photo credit: https://www.pexels.com/photo/black-wooden-round-analog-wall-clock-on-brown-wooden-wall-121537/ via unsplash.com

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