A divorce attorney often goes through child custody battles.
Louisiana, the Civil Code dictates the requirements and factors that go
into determining child custody. Often times, parents wonder whether they
can seek to prevent the other parent from obtaining custody. If you have any issues with regards to exactly where and how to use reasons for divorce in canada, you can speak to us at our own webpage. There are,
of course, many factors on which a custody judgment is based. However, a
trial court need not use all the factors listed in the Civil Code. By
the same token, the trial court is not limited to those factors.
The hearing that takes place is adversarial; meaning two parties argue
for different results. If there are aggravating circumstances
surrounding one party’s ability to raise the child, then the opposing
divorce attorney should make the court aware of such circumstances. For
example, if Sarah is an active heroin addict, then Big Sam should make
the court aware of such transgression. The trial court will make a
custody determination based on the child’s best interest. So for
instance, it is clearly not in the best interest of the child for the
child to be in Sarah’s custody since she is an active heroin addict.
However, if Sarah has a good divorce attorney, she may be able to
mitigate such transgression. Nonetheless, Sarah’s attendance in
substance abuse treatment and some form of a recovery program most
likely will be necessary in order for her to stand a chance to have
child custody. But the point is that Sarah’s active heroin addiction is
an aggravating factor.
Now let’s look at the opposite situation. Obviously if a party is doing
great, likewise the divorce attorney should present such to the court.
For example, if Sarah has a stable job, a house, brings her children to
church, and helps them with their homework, this will most likely inure
to her benefit in attaining child custody. There are some things so vile
and horrendous that it will permanently prevent a parent from being
awarded child custody. For the most part, this is the case. This means
that both parents recognize that the other is a good parent. The issue
that comes up frequently is how exactly what times each will have the
child. Often times, after the marriage ends, parties must move making it
difficult to exercise a complete sharing of custody.
Obviously, the enactment of child custody provisions is intended to
protect the children. Realistically, some of the more extreme provisions
are hardly ever invoked considering that the class of people intended
to be prohibited visitation are incarcerated for the defined criminal
Recapping the article, we hope you and your divorce attorney are
prepared for your child custody hearing. You should make a list of all
the good factors you possess, while pointing out the transgressions of
your former spouse. At the end of the day, it is what is in the best
interest of the child that matters. Therefore, you should be prepared to
live accordingly and provide for your child.