Factors to Consider During Child Custody

Custody arrangement for children is a painful yet important part of a divorce process. Before you begin working with a San Jose family attorney to draw up a custody agreement, here are some factors that you must consider for the best interests of the children.

Negotiate and try to find Common Ground

Joint custody of the child is often what is decided in most situations. Talk to your soon-to-be ex about how you can effectively take turns in a shared custody arrangement with the child. Legal battles over child custody can cause an adverse impact on the child’s growth and the Court will make the final decision according to what they determine is in the best interest of the child.

Minimize all disruptions to Children

The post-divorce period for the children is a difficult phase and therefore their living arrangements must be such that there are no disruptions from school or other co-curricular activities. The child should be able to spend quality time with both parents and still be able to lead a normal life.

Ensure the “Secure” Feeling is Still Intact

Younger children often feel threatened and insecure during and after a divorce. It may help use mediator to ensure the child gets a chance to communicate and spend time with both parents. Keep the communication lines open with your ex on all issues relating to your children and their emotional wellbeing. 

Keep Your Responsibilities and Know your Rights

Remember a legal custody is different from physical custody. While reviewing the child custody statement, ensure all rights relating to the upbringing of the child such as education, relocation and medical care are clearly stated. Talk to your family law attorney to ensure you are well aware of your responsibilities, obligations and legal rights.

Relief for Battered Spouses, Grounds for Divorce and Other Related Issues

 

The National Intimate Partner and Sexual Violence Survey conducted by the US Centers for Disease Control and Injury Prevention claims that around 1 in 4 women and 1 in 7 men are victims of sexual violence through an intimate partner. Women in particular, are 4 times more likely to be beaten and 6 times more likely to be slammed against something. (Source: http://www.cpedv.org/Statistics) Abuse may be physical or emotional. Although, California is a ‘no fault’ divorce state, men and women who have been victims of battery and assault have some rights. They include:

•    When a spouse indulges in an extramarital affair and contracts a sexually transmitted disease, thereby giving the innocent party a sexual transmitted disease, this results in ‘civil battery’. Besides being grounds for divorce, the innocent party may also initiate a separate civil proceeding against the partner/spouse, or request the court to consolidate both the cases.

•    Mediation can be dangerous when domestic violence is involved during the divorce. Hence the abused spouse can request the court to waive off mediation. Similarly, other requirements such as parent education can be waived or can be adjusted so that both partners do not have to attend the session at the same time.

•    When domestic violence is an issue in the divorce, the court allows certain financial considerations. Thus, if money is an issue, the victim can request the court to waive off costs for subpoenaing witnesses, notary fees, going to mediation, etc. or get the offending spouse to pay for them.

•    Similarly, arranging joint custody of children can be dangerous in such cases. However, the victim cannot assume that the court would easily handover the child’s custody without evaluating the circumstances related to the case. The court almost always supports the ‘friendly parent’ in such cases. Therefore, as a rule, it is best to avoid displaying a negative attitude towards the other parent.

Finally there are various arrangements to help battered spouses to represent their case without the need for a lawyer, however its best to seek legal help from a San Jose family attorney especially when the stakes are high.