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Aleck & Jenkins
Child Custody
Whether you are a father involved in a divorce,
presently divorced, or never married, custody is decided by what is
in the "best interests" of the child. The best interests of the
child (or children) are defined by the factors listed below. A court
must address each factor separately and then weigh the whole case.
In other words, a father could have only one factor in his favor
while the mother has multiple factors in her favor so long as the
factor he won was more significant because of the facts of the case
than the other factors in favor of the mother.
To ask for custody, in divorce, you must plead it in the divorce
paper. If custody has never been established and you are unmarried
you must ask for it in a lawsuit similar to a divorce. If a change
of a custody order is sought, the father must first show that there
is a change in circumstances then that it is in the best interests
of the child. The lawyers at Aleck & Jenkins will help you develop
and plan the best strategy for asking for custody no matter what
your current situation is.
Please review the following factors to understand how a court
would assess "best interests" of the child:
| (a): |
The love, affection,
and other emotional ties existing between the parties involved
and the child. |
| (b): |
The capacity and
disposition of the parties involved to give the child love,
affection, and guidance and to continue the education and
raising of the child in his or her religion or creed, if any. |
| (c): |
The capacity and
disposition of the parties involved to provide the child with
food, clothing, medical care or other remedial care recognized
and permitted under the laws of this state in place of medical
care, and other material needs. |
| (d): |
The length of time
the child has lived in a stable, satisfactory environment, and
the desirability of maintaining continuity. |
| (e): |
The permanence, as a
family unit, of the existing or proposed custodial home or
homes. |
| (f): |
The moral fitness of
the parties involved. |
| (g): |
The mental and
physical health of the parties involved. |
| (h): |
The home, school, and
community record of the child. |
| (i): |
The reasonable
preference of the child, if the court considers the child to
be of sufficient age to express preference. |
| (j): |
The willingness and
ability of each of the parties to facilitate and encourage a
close and continuing parent-child relationship between the
child and the other parent or the child and the parents. |
| (k): |
Domestic violence,
regardless of whether the violence was directed against or
witnessed by the child. |
| (l): |
Any other factor
considered by the court to be relevant to a particular child
custody dispute. |
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For informational purposes
only. For legal advice, contact an attorney.
Copyright ©2005
Aleck
and Jenkins unless otherwise noted.
The law firm of Aleck & Jenkins, The Father's Rights
attorneys, is the right choice for your legal needs. Aleck &
Jenkins can defend you against Personal Protection Orders,
allegations of domestic abuse, in child custody matters, and
even against drunk driving charges and other such situations.
The penalties in these situations can be severe, and Aleck &
Jenkins is the perfect choice to minimize the negative impact
to your life and the lives of your children and family
members. 'Father's rights' is not just a phrase at Aleck &
Jenkins, it's what we fight for.
The Father's Rights attorneys at Aleck & Jenkins are your best
defense, especially if you're a father concerned about your
rights in a divorce or separation. Criminal defense is often
needed in this type of situation, even and especially when the
accusations are false. Aleck & Jenkins has the expertise you
need to help you remain the important part of your child's
life and upbringing that you have always been.
Contact
Aleck & Jenkins, The Father's Rights Attorneys, today. |
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Graduating Seniors:
Apply for the
Aleck & Jenkins
ScholarshipClick
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for information. |
Call Aleck & Jenkins at
(989) 386-2699
(800) 608-7375 |
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