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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.

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    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 12, 2021

    100 Incredible Life Hacks That Make Life So Much Easier

    100 Incredible Life Hacks That Make Life So Much Easier

    Want to learn some quick and easy life hacks that are easy to do, low cost and saves you time?

    By tweaking little things in your daily life, it can make your life much more convenient!

    Here’re 100 of the most practical life hacks so you can just pick up any of them right away!

    83 tie a small piece of bright colored fabric

      84 write random letter

        85 use a rubberband

          86 dorm smell bad

            87 lean your phone on your sunglassess

              89 how to waterproof your shoes

                90 take a picture of the name card

                  91 iron inside out

                    92 old newspaper

                      93 tumble try shoes

                        keep a card like this

                          SONY DSC

                            94 soap bar

                              95 make a hole

                                96 drop the battery

                                  97 use a coozie

                                    98 when taking a picture

                                      use a clean dust pan

                                        try a pants hanger

                                          use your cellphone light

                                            use a spring from an old pen

                                              quick and easy iphone speaker

                                                user binder clips

                                                  wrap a wet paper towel around your beverage

                                                    put pancake mix in a ketchup bottle

                                                      clean out an old lotion bottle for your beach

                                                        use a muffin tin to serve condiments at a bbq

                                                          doritos are great for kindling

                                                            use nail polish to identify different keys

                                                              use a hanging shoe rack to store cleaning supplies

                                                                freeze grapes to chill white wine without

                                                                  use paper clips to organize your cables

                                                                    almost finished your jar of nutella

                                                                      sick of having a box full of tangled

                                                                        unroll the rim to increase the capacity

                                                                          cut open toilet paper rolls and use as a cuff

                                                                            remove the stem from strawberries

                                                                              turn an old bottle into a simple little cord holder

                                                                                for iced coffee and iced cappuccino, use frozen coffee cubes

                                                                                  how to fold a fitted bed sheet

                                                                                    tired of snoozing past your alarm

                                                                                      place a rubber band around an open paint can to wipe your brush on

                                                                                        ut a wooden spoon across a boiling pot

                                                                                          use bread clips to save flip-flops

                                                                                            take pictures of friends holding items

                                                                                              how i always know which headphone is the left one

                                                                                                put a stocking over the end of a vacuum

                                                                                                  How to make sure you drink enough water

                                                                                                    user a can opener to open blister

                                                                                                      good sandwich guide

                                                                                                        turn your muffin pans upside down

                                                                                                          50 pounds of groceries and living on the 5th floor

                                                                                                            the right way to make a blt

                                                                                                              add one teaspoon of baking soda

                                                                                                                38

                                                                                                                  hair straighteners equals to collar irons

                                                                                                                    stack your clothes vertically to see them all

                                                                                                                      the right way to make cookies in the summer

                                                                                                                        how to clean a blender

                                                                                                                          the right way to eat a popsicle

                                                                                                                            use bread clips to label and organize power cords

                                                                                                                              to get the built up residue off of your shower head

                                                                                                                                user a hair clip to orgainize long wires

                                                                                                                                  a frozen saturated sponge in a bag

                                                                                                                                    rub stuck zipper teeth with a graphite pencil

                                                                                                                                      use a soda pop tab

                                                                                                                                        50

                                                                                                                                          51 How to multiply large numbers in your head.

                                                                                                                                            52 How to open a bottle if you dont have a corkscrew.

                                                                                                                                              rub a walnut on damaged wooden furniture

                                                                                                                                                kids fall out of bed

                                                                                                                                                  use toothpaste to clear up hazy car

                                                                                                                                                    58

                                                                                                                                                      59 keep pizza out while driving home

                                                                                                                                                        60 put your straw through the tab to keep it from rising

                                                                                                                                                          hold oreos with a fork so your fingers

                                                                                                                                                            Never lose your remotes again

                                                                                                                                                              hiding your emergency money

                                                                                                                                                                use a bread tab to hold your spot on a roll

                                                                                                                                                                  if you are at a hotel and run out of chargers

                                                                                                                                                                    keep a square of cardboard in a ziplock bag

                                                                                                                                                                      If you need to pee or smoke at a bar

                                                                                                                                                                        drill holes in the bottom of your garbage

                                                                                                                                                                          use an accented letter as your passcode

                                                                                                                                                                            use a squeeze ketchup bottle top with your shopvac

                                                                                                                                                                              do something unusual when locking the door

                                                                                                                                                                                when heating leftovers space out a circle in the middle

                                                                                                                                                                                  dont burn yourself in those hard to reach candles

                                                                                                                                                                                    put a small amount of water in a glass when you microwave your pizza

                                                                                                                                                                                      75 use a piece of paper to organize

                                                                                                                                                                                        use half a pool noodle

                                                                                                                                                                                          pencil case to store cables

                                                                                                                                                                                            78 clothespin to hold nail

                                                                                                                                                                                              79 make blts

                                                                                                                                                                                                80 take a picture of your fridge

                                                                                                                                                                                                  81 fill plastic water bottles

                                                                                                                                                                                                    82 right ways to eat chips

                                                                                                                                                                                                      99 if your plug keeps failing

                                                                                                                                                                                                        100 put the banana on the wire

                                                                                                                                                                                                          88 before you throw away a post it

                                                                                                                                                                                                            Source: Reddit LifeProTips

                                                                                                                                                                                                            There you go, 100 awesome life hacks that you can try right now to make your life a lot easier!

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                                                                                                                                                                                                            30 Brilliant Camping Hacks I Wish I Knew Earlier

                                                                                                                                                                                                            20 Popular Life Hacks From the Internet Debunked (or Verified)

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