child custody: The Kinds And Caveats

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There are two kinds of custody. Legal custody tells how much authority each parent has over the kids, and physical custody designates where they will live. What kind of custody you and your ex will have will depend on how well you get along with your ex and your kids.

When one parent is given sole custody of the kids, it usually means that the couple can’t work well together as parents. The custodian makes all of the decisions about the child’s education and religeous training. The other parent’s influence is limited to visitation or parenting times. This kind of custody arrangement is necessary when the parents hostility towards each other keeps them from discussing the children amicably..

Joint custody is for couples who can still talk to each other civilly. They don’t have to be in love, or even like to spend time together. They just need to be able to talk to each other about their kids’ needs without fighting. They will decide together, for instance, whether Johnny should go to summer camp, or if Mary should have her ears pierced. They also make more important decisions together such as what church the kids will attend and where they will go to school. If the couple can’t work together, this form of custody can be a constant rehashing of the couples’ disputes with each other.

Joint custody is wonderful when it works, as it keeps both parents involved with the child’s life. It gives the child a strong sense of security when both parents can discuss his // her needs and wants. It is also a good way to help parents avoid being played off against each other. The kids can’t manipulate their parents if they can maintain a united front.

When the child’s time is divided equally between his parents, it is called "split custody". This arrangement can work well for parents who work different shifts. One parent is available when the other parent is at work. Both parties save the cost of child care, and the kids spend their time with their parents, instead of strange care givers.

However, if the parents do not get along well enough to talk about the kids, splitting the child’s time between them may not be practical. After all, the parents will have to share information about the child’s welfare to make his / her adjustment to constant change comfortable. Split custody may work for some kids. But, it can be hard and confusing to others, and should only be done with parents who understand the risks and benefits of the arrangement.

Although the custodial parent has most say over the child’s life, he / she also has duties. It is his / her job to make sure the kids have a place to live. Transportation to doctor’s appointments and school activities is important. Adequate clothing and food are the responsibility of the custodial parent. Helping the child grow into a responsible adult is mainly the custodial parent’s obligation.

Finally, the custodian is under a duty to make sure the child spends time with the other parent. He / she must help with visitation transportation. He / she should encourage phone calls, emails or other forms of communication. He / she should never say bad things about the other parent if the child can hear. In fact, the most important thing the custodial parent can do for the child is to make sure he grows up knowing he is loved by both his father and mother.

Lucille Uttermohlen has been an family law attorney for 27 years. Her areas of practice include divorce, paternity, juvenile law, guardianship and adoption. For good free information about the divorce process, visit Lucille at http://www.couple-or-not.com/ .

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Child Custody Software: Important Information to Know

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Many divorced parents are discovering that computer programs can help them in their custody cases. There are software programs that help parents create their custody cases, easily make a visitation schedule and calendar, open up communication between parents and keep track of everything from scheduled visits to expenses. There are enough programs that have been developed that parents can now choose the software that will help them with their particular needs.

Some programs are better for parents preparing for court or who are in the process of working out their parenting plan. Other programs are better for parents who have a plan in place and want to have an easier time working with the child’s other parent to make that plan work.

The programs that help parents live their custody agreement are generally online services that offer a joint account that parents can log into. Parents can access these accounts and share a calendar of events, exchange messages, keep important information about their children and keep track of expenses and other things. This can be helpful because it gives parents a place to communicate objectively, and parents are more likely to comply with the custody agreement if the visits are being tracked.

For example, let’s say two parents have a court order that outlines a weekly visit for the father on Wed. afternoon from 3:30 to 8:30. The mother is repeatedly up to an hour late for the visit and always demands that the child be brought back at 8:30 on the dot. If the father sets up an account with an online center where he can track the actual times of visitation and he tells the mother he is tracking, she will most likely comply with the order. If she doesn’t, the father can take her back to court and show the evidence that the order hasn’t been followed.

Divorced parents may need something more than this though, especially if they haven’t gone to court or don’t have a custody agreement settled on. The online programs lack the resources to really prepare a solid parenting plan that could be presented to the child’s other parent, worked on in mediation or brought to court to show the judge. A divorced parent may want to look into other program options if the need is to create a custody and visitation schedule, figure out the holiday schedule and make a calendar with all of the information in it.

For example, let’s say a dad is trying to come up with a visitation calendar to bring to court. If he buys a software that lets him create an agreement, he can make multiple plans. He then has the documents he needs to take to the judge, or he can contact the child’s mother and explain the different options. This could be a great benefit.

Divorced parents have the luxury of choosing a software that perfectly fits their needs. They should look at all of the options and find the one that can best help them.

Read what custody X Change says about the online custody service custodyxchange.com/reviews/our-family-wizard.php” target=”_blank”>Our Family Wizard(R) and about the custody software custodyxchange.com/reviews/kidmate.php” target=”_blank”>Kidmate.

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Internet Pornography Addictions And The Christie Brinkley And Peter Cook Child Custody Case

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By now everyone has heard about the scandalous details in the Peter Cook, Christie Brinkley divorce and child custody case. But if you haven’t seen the news coverage the short version goes like this. Peter Cook, Christie Brinkly’s husband, reportedly had an Internet porn addiction and was reportedly spending up to $3000 a month on Internet porn sites and fetish dating sites called Adult Friend Finder. Mr Cook has admitted to masturbating while in an Internet video camera while another member of this online dating web site watched.

Ms Brinkley was able to obtain the billing records for these Internet dating services and admit them as evidence into her custody case. The judge was able to consider this evidence and ultimately awarded sole custody of the couples two children to Ms Brinlkey.

Being awarded sole custody in a child custody case is considered a huge victory. Especially in cases where there is no evidence of criminal activity, physical or sexual abuse or substance abuse such and drug or alcohol addictions. It would appear that other than an admission by Mr Cook that he had an affair with a very young employee, the only mark used against him was his Internet Porn addiction.

Not everyone involved in custody battles will get the same day in court as Ms Brinkley. The average person simply does not have the money and notoriety to get a fair trial in court. Most people involved in a Family Court custody hearing will get a brief review of their case and a rushed order from a judge filled with errors and inequity. Most people would agree that the Family Court system is flawed and in the end it’s always the children that suffer.

There are cost effective resources that the average person can utilize when involved in a child custody case and they suspect their spouse may have an Internet porn addiction. There are online investigation services that can take the suspected parents email address’s and search all the online dating services until they locate the personal ad memberships of the other parent. These investigations will also uncover social networking sites like Myspace and Friendster and will include some porn sites also. As we see in the Brinkley vs Cook case, evidence of a porn addiction or participation in sites with a sexual fetish like Adult Friend Finder can influence the outcome of a custody case.

An online dating service investigation can uncover some very extreme sexual fetishes such as bondage, auto asphyxiation and self mutilation. Profiles on these sites may also include admissions or references to drug use, addictions,and possibly even crimes. Recently one search of online dating services produced a picture on MySpace the defendants 5 year old girl posing with a hand gun.

Obviously the parent that was supervising the child and took the picture and posted it on their secret MySpace page was in for a huge surprise at his custody hearing.

If you are involved in a custody battle and you suspect that your ex has an Internet porn addiction and may be involved in a secret life of extreme sexual fetish dating sites you can order an online infidelity investigation by searching Google. There are some very reliable services that offer such an investigation. You can begin your search for an investigator by Googling "online Infidelity Investigation" . But before hiring a PI make sure they are considered an expert in this field. Do your homework by Googling the name of the investigator and the name of they company. Make sure they are considered an expert in this field.

Whether you have already become involved in a custody trial or are just contemplating divorce and suspect your spouse may have an Internet porn addiction an online infidelity investigation will surely be needed to protect yourself and your children’s future.

Ed Opperman , president of Opperman Investigations Inc is an expert in Internet Infidelity Investigations and Computer and Cell Phone Forensics. If you need help with an infidelity investigation visit www.emailrevealer.com

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Grandparents and Child Custody Rights

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Grandparents feel out of touch when it comes to issues of child custody and divorce. While they undoubtedly love their grandchildren, the tension involved with a divorce can cause them to be overlooked by the natural parents. But what many grandparents don’t know is that they too have a say in the custody hearings. Every state now recognizes grandparents as immediate members of the child’s family. This means they can fight for things like visitation rights if they don’t feel like they have been treated fairly.

In cases where both parents are dead, or for instances neither parent can provide a suitable home, grandparents can be considered for legal custody. The court always looks to place children with a blood relative whenever possible. The process gets slightly more complicated when there are multiple siblings and grandparents who qualify, and in these cases a formal custody hearing with all parties is conducted. Parents who would prefer to have their parents look after the children in the event of death should make sure they have the proper legal documentation in place to expedite the process.

Visitation for grandparents after a divorce is an issue is much more common these days. Many spouses will try to use the children as bargaining chips for their own selfish desires. There are cases where the grandparents are blocked from seeing their grandkids only to spite the other family. Not only is this tactic immoral, but it is also illegal in most circumstances. Grandparents who feel like they have been unfairly excluded should research their rights and get involved with the agency who is handling the divorce case. By making the court aware of the situation in the early stages it is possible to avoid long-term problems down the line.

Petitioning for grandparents custody or visitation rights requires that they show a history of involvement with the child as well as sufficient means to care for them. While visitation rights are rarely denied in court, they can be granted with restriction. For example, the judge may require a parent be present for all custodial sessions or they may grant partial custody, which allows for unsupervised visitation for a certain amount of time each month. If the grandparent believes there will be issues with securing visitation time then they should make it a priority to seek involvement with the custody hearing. In the event they get resistance from either parent then the next step is to hire an attorney and file their own petition for custody.

There are many different types of child custody situations, but the one that receives the least amount of discussion are those that involve grandparents. Most people would agree that the love and nurturing of a grandparent is an important part of a child’s development. Having exposure to the experiences and knowledge of our elders helps us to navigate the through the peaks and valleys of life. Unfortunately there are rare scenarios when one or both parents try to prevent the grandparents from seeing their grandkids. This can be a stressful situation to deal with, but the grandparent should recognize that they do have rights, and they are entitled to use these rights to gain visitation privileges.

No one should keep you from participating in your grandchildren’s life. Learn more about custody.com/custody_Rights_for_Grandparents.html” target=”_blank”>custodial rights for grandparents by visiting custody.com” target=”_blank”>Obtaincustody.com

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What is Involved in a Child Custody Proceeding?

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Child custody is the term that is used to describe the legal and practical relationship between a parent and child. It is the legal term which means that particular parent is able to make decisions for the child and it is the parent’s duty to care for the child.

There have however been some changes regarding the terms which are used when it comes to child custody cases. A prime example of this is the Nations Convention on the Rights of the Child have declared terms such as ‘custody’ and ‘access’ as outdated so you may, in some cases see these terms referred to as ‘reside’ and ‘contact.’

Issues regarding who is granted custody and contact of a child are the most pressing when they are involved in a divorce proceeding, annulment or other legal process. In cases such as this a decision needs to be made regarding who the child will have their main point of residence with and what type of custody is granted. These decisions can often involve a lengthy court battle but however the decision is made it will only be made with the best interests of the child in mind. So what are the different types of custody that are available?

There are two main types of custody when it comes to child custody involved in divorce; these are exclusive and joint custody. Both of these are pretty much self explanatory. In exclusive custody a court will award the custody of a child to one parent. It is this parent that the child will reside with and have the most contact with. In cases of exclusive custody that parent that it is granted to is the one that makes most of the decisions involving the child. The parent who isn’t granted exclusive custody may receive supervision rights or in certain cases, supervised visitation rights. This basically means that they will be able to see their child but only on certain days and at certain time, again these times will generally be decided by the parent with exclusive custody but will be done in a way so it fits in with when the non-custodial parent is free as well.

In cases of joint custody both of the child’s parents will be granted equal rights when it comes to the decision making regarding a child’s upbringing. Courts award joint custody for cases in which both parents can properly perform their duties as parents. There are cases however when joint custody has been awarded, where one parent will try and sue for exclusive custody. Even though this is within your rights, it will only be considered if you can prove that this is in your child’s interest. The courts will only make their decision of custody based on what is best for the child.

When deciding on what is best for a child, aspects such as the wishes of the parents, the wishes of the child and the child’s relationship with each of their parents as well as their siblings are taken into account. Also aspects such as the child’s comforts in their home, school and community as well their mental and physical health is taken into account when it comes to deciding what custody should be awarded.

No decision about child custody will be made without looking into factors that will affect the child. Whatever custody that is awarded will be done for the best interest of the child that is involved. A divorce is hard enough on children; the last thing that anyone wants in these situations is to add extra hurt, upset and pressure on a child.

The Law Offices of Jannelle J. Zawaideh are Michigan Divorce Attorneys with payment plans to suite your budget. If you are looking for a custody.html” target=”_blank”>Michigan Child custody Lawyer or an Oakland County Michigan Divorce Attorney call us today at 248-356-0600.

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