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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 January 11, 2021

    11 Hidden Benefits of Using Oil Diffusers

    11 Hidden Benefits of Using Oil Diffusers

    Affordable, relaxing, and healthy, oil diffusers are gaining popularity with people everywhere due to their extensive benefits. Oil diffusers work through the simple process of oil diffusion, which uses heat to turn oil into a vapor that is then spread around a living space. Diffused oil can have several relaxation and health-related benefits, including safe scent-dispersion, mosquito and mold defense, stress relief, and more!

    Read on for 11 hidden benefits of using oil diffusers.

    1. Safe Scents That Make Sense

    Unlike candles or air fresheners, oil diffusers release cleansing molecules into your air that work to purify it, not overload it with unhealthy chemicals. Electronic diffusers also do not pose the fire risk that candles do. Plus, they contain the added feature of interchangeability, which means you change oil types for different scents and health benefits.

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    2. Stress Relief

    Several lab studies have confirmed that diffusing essential oils like lavender have been shown to reduce stress and help relieve anxiety in medical patients. Preliminary studies have also shown that oil diffusers can help alleviate symptoms of depression.

    3. Improved Sleep

    Diffused oil has relaxing properties that can help people of all ages fall asleep quicker and sleep more soundly. Electronic diffusers not only have the option to mix and match different oil blends (Try a lavender, Bulgarian rose, and Roman chamomile blend to help with insomnia), they also run at a gentle hum that helps relax an agitated mind. Many also come with an auto shut-off feature to help conserve oils once you have fallen asleep.

    4. Appetite Control

    Much like gum, oil diffusers can help stimulate the senses in a way that works to curb appetite. New research has shown that diffused peppermint oil can help curb appetite by inducing a satiety response within the body. Diffused peppermint oil has also been shown to increase energy.

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    5. Bacteria and Mold Killing

    When essential oils are diffused in the air, they break down free radicals that contribute to the growth of harmful bacteria. Eucalyptus, thyme, and tea tree oils are especially good for this purpose. Diffused oil is also highly effective when it comes to combating fungal yeast threats, as the oil help makes the air inhospitable for yeasts such as mold. Pine and red thyme essential oils are best for combating mold.

    6. Decongestion and Mucus Control

    Ever tried Vick’s Vapo-Rub? Its decongesting powers come from active ingredients made from the eucalyptus tree. In principle, oil diffusers work the same way as Vapo-Rub, except they diffuse their decongesting vapor all around the room, not just on your chest or neck. Oil diffusers have been known to cure pneumonia in lab mice.

    7. Mosquito Repellant

    Nobody likes mosquitoes — but when the trade-off means using repellants full of DEET, a toxic chemical that can be especially harmful to children, mosquito control can often seem like a lose-lose. However, scientists have shown that oil diffusers can be used as a safe and highly effective mosquito repellant. Studies have shown that a diffused oil mixture containing clove essential oil and lemongrass essential oil repelled one type of Zika-carrying mosquito, the Aedes aegypti mosquito, at a rate of 100%.

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    8. Pain Relief

    While applying oils directly to areas of your body may be the most effective way to alleviate pain, diffusing essential oils can also be an effective means of pain relief. When we inhale healthy essential oils, they enter our blood stream and can help internally relieve persistent pain from headaches, overworked muscles, and sore joints.

    9. The New Anti-Viral

    Research into the anti-viral effects of oil diffusion is now just gaining steam. A recent study showed that star anise essential oil was proven in medical experiments to destroy the herpes simplex virus in contained areas at a rate of 99%. Another study showed the popular DoTerra oil blend OnGuard to have highly-effective influenza-combating powers.

    10. Improved Cognitive Function

    Diffusing essential oils has also been shown to improve cognitive function. Many essential oils have adaptogenic qualities, which can work twofold in soothing us when we’re stressed, and giving our bodies a pick-me-up when we’re feeling down or sluggish. By working to level out an imbalanced mood, diffused oils also help us to focus. There are also several essential oils which have been shown to help balance the body’s hormones. With prolonged use, these oils can work to repair the underlying causes responsible for hindering cognitive function.

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    11. Money Saving

    With ten clear benefits of oil diffusers already outlined, there is one more that should now be obvious: using an oil diffuser will help you to save money. As an anti-viral, bug repelling, and stress-relief solution rolled into one safe product, an oil diffuser used with the proper oils will save you money on products you might otherwise be buying to help cure those pesky headaches or get your kids to fall asleep on time. If you’re wondering just how affordable oil diffusers can be, check the buyer’s guide to the best oil diffusers — you’ll be sure to find one that fits your budget!

    Featured photo credit: Jopeel Quimpo via unsplash.com

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