Family Law Blog

Child Custody is Based on Best Interests of the Child, Not Physical Abilities of Parent

By admin on January 18, 2010

A variety of factors need to be taken into account during child custody hearings. An ABCNews.com article discusses one such case that warrants consideration of multiple factors. Reportedly, a quadriplegic woman is seeking to retain custody of her son, but is being opposed by her ex-boyfriend, who cites that the woman is not capable of properly caring for the child. In child custody cases in Colorado, as well as the rest of the country, the best interests of the child are given considerable consideration in custody hearings.

The court system does not typically give disability nearly as much weight as it does the well-being of the child. Disability, it is argued, is therefore not an indication that the disabled individual cannot parent a child, particularly if the court system rules that the child will be properly cared for under the supervision of the disabled parent. With all emotion cast aside, the best interest of the child remains the gold standard in terms of which parent the child will ultimately end up with. Often times, financial stability and a nurturing support system are the two primary variables considered in child custody cases. Ultimately, parents are examined according to their character and whether or not they are capable of raising their child.

Child custody cases can be especially complicated. The state of Colorado is no exception to this idea, and the services of experienced family law attorneys should be retained to ensure that parental rights are not infringed upon in a court of law. At Kaplan Law, LLC, our Colorado child custody lawyers will examine every detail of your child custody case and work diligently on your behalf. If you are thinking of filing for divorce and believe that child custody issues will be involved, please contact us for more information. Call us today at 1-877-527-5260.

Source:http://abcnews.go.com/Health/MindMoodNews/quadraplegic-mother-fights-maintain-custody-son/story?id=9403163

Women’s Equality in the Work Place Equals Men’s Equality in Child Custody Cases

By admin on December 9, 2009

The New York Times recently talked about a trend affecting child custody and today’s work force. Citing articles from Working Mother Magazine, the story talks specifically about child custody and how mothers are no longer virtually ensured of receiving primary physical custody of their children during the divorce process.

Formerly, when women were more often associated with caring for young children, and men were deemed the primary wage earners, it was viewed as being in the best interest of the child or children involved that they remain in the custody of the parent that had assumed more of the care-giving role. This label was dominantly attributed to stay-at-home moms. However, with the work force now a more gender diverse arena, and the downtrodden economy taking its toll on men more so than women, men in particular are facing more layoffs and, consequently, find themselves at home assuming the roles of ‘Mr. Mom.”

The label of “primary caregiver’ was never gender specific, although it used to be dominantly associated with the female gender. That association, however, has taken a serious hit in recent years, and more and more instances of fathers gaining primary custody of children during divorce proceedings are popping up all across the country. According to the article, there are now 2.2 million divorced mothers in the United States who do not have primary custody of their children. Furthermore, an estimated 50% of fathers who seek primary custody of their children receive custody.

Regardless of the circumstances, child custody hearings can be complicated. While it may be safe to assume that the working parent is the number two caregiver, this is not always the case. For that reason, all details surrounding divorce and custody cases need to be carefully examined in order to accurately determine the proper custodial agreement.

If you are dealing with child custody issues in the state of Colorado, it is in your best interest to retain the services of an experienced Denver family law attorney who will fight to ensure that your rights are upheld at all times in a court of law. At Kaplan Law, LLC, our skilled divorce attorneys understand how difficult issues surrounding custody hearings can be. If you would like more information about protecting your rights, please don’t hesitate to contact us today at 1-877-527-5206.

Source:http://parenting.blogs.nytimes.com/2009/11/17/more-fathers-getting-custody-in-divorce/