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Factors that Can Affect Child Custody and Visitation Rights

Posted on Jan 11, 2014 by in Custody, Injuries | 0 comments

One change adopted by state courts when it comes to awarding child custody is giving the custodial rights to both parents, instead of just one – this is if both parents are deemed fit by the court. This change, made after consideration of many factors, is clearly beneficial to the child as he/she will continue receiving care and attention from both of his/her parents.

When one parent, however, would endanger the child’s holistic well-being due, but not limited, to abusive parental behavior (physical, emotional, etc.), abandonment of the child by the parent, parent’s use of drugs and/or alcohol, exposure of child to pornographic elements due to parent, parental use of excessive, unnecessary discipline and failure or inability by the parent to care for the child,  then the guilty parent may not only lose custodial rights, but the right to visitation as well – because severing the relationship with such parent is judged by the court to be in the child’s best interest.

The child’s best interest, as mentioned in an article posted in the BB Law Group PLLC website, is always the court’s basis in deciding things that will affect the child – his/her life, wellbeing and future. Thus, in consideration of the child’s future needs, some of the factors that will be considered by the court in deciding who gets child custody and who shall pay child support, include the parents’ age, health, educational attainment, job, financial capability and security, and the capability to really care for the child.

Child neglect or the inability of the parent to give his/her child the proper, necessary care is not just one type of child maltreatment; it is actually its most common type too. And one classic example of child neglect is inadequate supervision.

There is no uniform rule as to how much supervision a parent ought to give his/her child. With regard to determining just how much supervision is needed by the child, the child’s age, the environment or neighborhood and the child’s possible exposure to dangerous elements, such as unhealthy and unhygienic household conditions, guns and/or other deadly weapons, second-hand smoke (from smokers) and other safety hazards, will have to be considered seriously. Any injury that a child may suffer from, due to the custodial or visiting parent’s lack of supervision, can definitely influence the court in reconsidering the parent’s rights over the child.

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