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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 May 28, 2020

    How to Overcome Boredom

    How to Overcome Boredom

    Have you ever been bored? Restless? Fidgety? In need of some inspiration?

    I have a theory on boredom. I believe that the rate of boredom has increased alongside the pace of technology.

    If you think about it, technology has provided us with mobile phones, laptops, Ipads, device after device – all to ultimately fix one problem: boredom.

    What is Boredom?

    We have become a global nation that feeds on entertainment. We associate ‘living’ with ‘doing’. People now do not know how to sit still, and we feel guilty when we are not doing anything. Today, inactivity has become the ultimate sin.

    You might not realize it, but boredom stimulates a form of anxiety and stress. It evokes an emotional state that creates frustration and feeds procrastination.

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    It’s a desire to be ‘doing something’ or to be ‘entertained’ – it’s a desire for sensory stimulation. What it boils down to is a lack of focus.

    If you think about those times when you’re bored, it’s usually because you did not know what to do. So, indecision also plays a big part.

    When we are focused on what’s important to us and what we want to achieve, it’s pretty hard to be bored. So, one answer to boredom is to become focused on what you want.

    Sometimes It’s Good to Be Bored

    If boredom is a desire for sensory stimulation – then what’s the opposite of that? To be content with no stimulation – in other words – to enjoy stillness.

    Sometimes, it’s not boredom itself that causes the frustration but the resistance to doing nothing.

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    Think about it. What would happen if you were to ‘let go’ of the desire to be entertained? You wouldn’t be bored anymore, and you will feel more relaxed!

    In my experience, it’s often the most obvious, simplistic solutions that are the most powerful in life. So, when you’re bored, the easiest way to combat this is to enjoy it.

    It may sound weird but think of ‘boredom’ as a form of ‘relaxation’. It’s a break from the constant stimulation that 21st-century living provides – constant TVs, mobile phones, radios, internet, emails, phone calls, etc.

    Who knows, maybe ‘boredom’ is actually good for us?

    Next time you’re ‘feeling bored’ instead of feeding the frustration by frantically looking for something to do, maybe you can sit back, relax, and savor the feeling of having nothing to do.

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    In this article, I’ll share with you my 3-step strategy on how to overcome boredom.

    3-Step Strategy to Overcome Boredom

    1. Get Focused

    Instead of chasing sensory stimulation at random, focus on what’s really important to you. Focusing on something important helps prevent boredom because it forces you to utilize your time productively.

    You should ask yourself: what would make good use of your time? What could you be doing that would contribute to your major goals in life?

    Here are a few ideas:

    • Spend some time in quiet contemplation considering what’s important to you.
    • Start that creative project you’ve been talking about for the last few weeks.
    • Brainstorm: think of some ideas for new innovative products or businesses.

    2. Kill Procrastination

    Boredom is useful in some ways because it gives you the energy and time to do things. It is only a problem if you let it. But if you use it to motivate yourself to be productive, then you can more easily overcome boredom.

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    So, the next time you’re bored, why not put this good energy to use by ticking off those things that you have been meaning to get done but have been too busy to finish? This also presents a great time for you to clear your to-do list.

    Here are some ideas:

    • Do some exercise.
    • Read a book.
    • Learn something new.
    • Call a friend.
    • Get creative (draw, paint, sculpt, create music, write).
    • Do a spring cleaning.
    • Wash the car.
    • Renovate the house.
    • Re-arrange the furniture.
    • Write your shopping list.
    • Water the plants.
    • Walk the dog.
    • Sort out your mail & email.
    • De-clutter (clear out that wardrobe).

    3. Enjoy Boredom

    If none of the above solutions work, then you can try a different approach. Don’t give in to boredom and instead choose to enjoy it. This doesn’t mean allowing yourself to waste your time being bored. Instead, think of it as your time to relax and re-energize, which will help you be more productive the next time you work.

    Contrary to popular belief, we don’t need to be constantly doing things to be productive. In fact, research has shown that people are more productive when they take periods of rest to recharge.[1] Taking breaks once in a while helps boost your performance and can help make you feel more motivated.

    So, take some time to relax. You never know, you might even like it.

    Final Thoughts

    Learning how to overcome boredom may be difficult at the beginning, but it can be easier if you make use of some techniques. You can start with my 3-step strategy on how to overcome boredom and work your way from there. So, ready your mind and make use of these tips, and you will be overcoming boredom in no time.

    More Tips on Overcoming Boredom

    Featured photo credit: Johnny Cohen via unsplash.com

    Reference

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