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Divorce Doesn't Have to Destroy Your Kids - Guidelines For Divorcing and Divorced Parents

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Are You Prepared For Your Child Custody Hearing?

The court plays a significant role in determining what is in the 'best interests' of your child. The court considers all aspects including physical, educational, spiritual, emotional as well as preferential requirements of a child, so it makes a study of homes of both parents, along with schools, location, neighborhoods and facilities, before making a decision on custody.

Although the courts have the best interests in mind, there can't be anyone more important in making the best decision for their children than parents. Parents should try and settle their Child Custody issues outside the courts. A custody decision arrived on your own with two agreeing parents is more desirable than the one which is disputed a determined by the court.

Preparing for the Child Custody trial, you should possess certain documents and information related to your children, which will help determine the best interests of your child. It is better if you maintained a record of your children's life about events which affect them, like visiting with the other parent, grandparents, doctor's appointment, school activities, family and religious activities, medical appointments and counseling dates, etc. You should support your position, by keeping notes with you regarding,

1) Parent's Home: This factors determines whether you can provide good surroundings and adequate shelter for your children, the size of the house, neighborhood, availability of help and babysitters, hospitals, bathrooms, bedrooms, etc. play a significant role in determining the best one for the child. Though not an important point, it does help make a good impression.

2) New Relationships: This is a comparatively irrelevant factor in determining Child Custody cases, the court will consider this factor if only the relationship makes any impact on the child's well being. If the new relationship does not play any important relationship then this point will not be relevant to determination of Child custody.

3) Status Quo: It is an important factor in determining custody case, if a child's parents reside in different districts, it in unlikely that the court will order to change the residence during the academic year, especially if the child is being properly brought up. If you want a change in status quo, you will be required to furnish a strong reason for this. A good example would be an issue with the current conditions unsafe for the child.

4) Child's Preference: A child's preference is not considered by the court since the court will not give a child to make a decision for himself, however this might not be the case if the child happens to be a teenager and possess enough power to think and evaluate position.

5) Parent's Availability: Full time parenting has an advantage over working full time for supporting oneself. However, the court might not deter from giving you the custody only because you need to work to support yourself and your child.

These are just a few things to consider while preparing for your Child Custody case.

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How the Utah Code Affects Custody and Visitation Schedules

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When you need to Protect your Children from a Parent after a Divorce

It can be difficult to decide to get a divorce when you are afraid of what will be going on with your children when they are out of your sight. Sometimes it is unfounded fear that has to do with control issues. Other times though it has to do with the history of the other parent that has lead up to the divorce.

If a parent has problems with alcohol or drug abuse the children may be in danger. There is enough evidence to suggest that the behaviors of such individuals are often unpredictable. A history of violent behavior is another reason to try to keep the children from being alone with that parent. Even if the children were never physically harmed, they may have witnessed such behavior or been emotionally abused.

Sexual abuse is a complaint that can come up as well. This is even harder to prove as many parents claim it as a ploy to prevent children from leaving. It has been proven false in enough cases to make judges weary. Yet sexual abuse on children at the hands of their own parents does happen. Make sure you follow the legal advice of your attorney if you have such claims to bring up in order to protect your children from further abuse.

It is very important that you have as much information documented as you can. While you don't necessary want to drag your spouse through the mud you have every right to protect your children. You may have documents on file with the local police department. Yet many people don't report such incidents and so they may not be there.

Document witnesses though that may have seen what was taking place. Neighbors may have seen arguments, friends may have seen bruises, and your doctor may have information on file as well. Keep in mind that the courts may view a great deal of the information like this you bring in as hearsay but do what you can to get them to see the relevance of it.

If nothing else they may order an evaluation of both parents. This way they can get an expert opinion about the mental well being of the individuals. These assessments are in place to look for patterns of behavior that may not be good for children to be exposed to. The court is often in a difficult position though. On one hand they don't want to prevent children from seeing a parent due to the stories of the other. However, they definitely don't want to place children into the hands of a person who is going to cause them harm.

The court may rule that there isn't enough evidence to prove the parent shouldn't be alone with the children. They may decide that parenting classes as well as anger management or drug/alcohol treatment must be completed before they can be alone with the children. The court also has the right to initiate only supervised visitations for that parent.

If you feel your children are in danger at the hands of the other parent though you need to speak up. We read too many cases these days of children being abused, neglected, and even killed at the hands of a parent. It is your right and your duty as their parent to do all you can to get the facts out there and to protect them from any such harm.

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Family Law Attorneys are standing by call 1-800-564-2707

For more information click on these words here.

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