Child Custody

Unless your spouse has demonstrated dependencies or dangerous behavior, the court prefers a custody plan that keeps both parents an active part of the lives of the children.

It is preferable that you as parents settle this issue between you. If you can not do so, the cort must determine the placement it believes is in the best interest of a stable homelife for the children, while allowing the parents the maximum input.

The court will look at physical and emotional neglect as well as physical and emotional abuse. The court is also concerned as to which of you is more likely to support the contact of the other spouse with the children.

Refusing to properly school the children or encouraging aberant behavior such as sex with their significant others, drinking or drug use by or with the children is looked on with disfavor.

Child custody matters are not a “he said, she said” battle. It is necessary to document the problems and produce witnesses to the things they have observed.

Before you lose heart, know that I have actually had witnesses incriminate themselves by testifying that they sold cocaine for one parent seeking custody, because that parent was so unfit the witness couldn’t bear to see him get the kids.