Divorce – Preparation for Child Custody Battle

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    millardmeisel
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    A divorce attorney often goes through child custody battles.
    In
    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
    offense.

    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.

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