Archive for the ‘Child Custody’ Category

PostHeaderIcon Child Custody Rights Explained

This article explains a few things about Child Custody, and if you’re interested, then this is worth reading, because you can never tell what you don’t know.

Child custody rights are granted by a family court judge to one or two of the parents, grandparents, step-parents, or legal guardians. In custody cases, the courts usually favor the biological parents.

Custody rights are determined based on the best interests of the children. These rights specify who will have physical and legal custody of the child. The payments for child support are also figured out in custody rights cases.

The rights to the custody of a child may be given to only one parent or legal guardian or be shared by both parents. In about 70 percent of cases, primary custody rights are granted to the mother of the child. Fathers are less likely to win custody of their children because of the notion that mothers are better caretakers of children.

About 20 percent of cases award joint custody, in which both parents enjoy an equal amount of custody rights over their children. In this child custody arrangement, parents are allowed by the courts to divide for themselves the custody rights as long as neglect or abuse is not involved.

If your Child Custody facts are out-of-date, how will that affect your actions and decisions? Make certain you don’t let important Child Custody information slip by you.

Custody rights entail both legal and physical responsibilities of the parents. Legal custody rights allow a parent to make major decisions on things that are involved in his or her children’s life such as religion, education, and healthcare. Physical custody rights allow a parent to the child stay with him or her for good.

Barring major disagreements in the wishes of each party, parents can easily determine their rights to custody of their children. However, when both parties cannot reach an agreement, mediation is necessary. Mediation refers to the process that involves intercession of an independent third party to aid parents in making decisions about their custody rights. It can help speed up the process of coming to an agreement of both parties. Once an agreement has been reached and approved by the court, the terms of this agreement can be immediately implemented. If disagreements involving custody rights still ensue, a court hearing will proceed to determine who gets which custody rights.

During the custody hearings, the judge will consider several factors before making a decision about the custody rights of each parent. Usually, courts depend on a psychologist’s expert testimony, which evaluates options for custody rights by examining a number of important factors. Some of the factors that a judge looks into when deciding custody rights include the age of the child, past behavior of the parents at home, preference of the child on who will take care of him or her, stability of the parents’ home, the amount of time a parent can devote for taking care of the child, and the parents’ ability to finance the child’s needs. Children may be invited in the court hearings to testify or to speak privately with the judge.

Now that you have a basic understanding of the child custody rights that you may enjoy after your separation from your spouse, your next step is to ask legal help from an experienced lawyer to make sure that you gain the right custody rights over your child.

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PostHeaderIcon How To Cope After Losing A Child Custody Case

When you’re learning about something new, it’s easy to feel overwhelmed by the sheer amount of relevant information available. This informative article should help you focus on the central points.

Losing a child custody case is like losing your child forever. This feels like it since you won’t be able to be with your child the way you want to be since legal restrictions get in the way.

Nobody can blame the parents who have loss custody of their kids if they will feel bitter, angry, depressed and anxious upon learning that after the painful process of fighting for child custody, all your efforts will be thrown at the window. However, no matter how painful the experience must be, you cannot give up.

Experts say that in order to overcome the ill feelings of losing a child custody case, one needs motivation. This is because when people are motivated, they become more aggressive in achieving their goals and dreams in life despite painful experiences.

Studies also show that though motivation from other people helps a lot, it is best if one starts with motivating him or herself. This is because if one knows how to motivate him or herself, that person would be able to make decisions that would affect his or her life in the future.

Hopefully the information presented so far has been applicable. You might also want to consider the following:

Getting all the help that you need

In order to cope with the loss of child custody case, the first thing that needs to be done is by developing a positive outlook in life. This is very important because if one keeps an open and positive outlook towards life in general, he or she will be able to overcome the everyday struggle that would come along the way. Also, if one has a positive outlook in life, he or she will be able to turn failures into successes by seizing each opportunity that knock on the door.

Although this might be simple, many people are still having difficulties in achieving this because of so many factors such as personality, upbringing, and ways of managing stress as well as failure. Experts say that for one to develop a positive outlook in life after losing child custody case, he or she must be able to keep a positive attitude first. Once positive attitude is set, it is easier to look things in an orderly way.

For one to develop positive attitude, he or she must undergo self-reassessment to find out what are his or her strengths as well as the weaknesses. Once all of these have been identified, it will be easier to turn the bad ones into good ones and there would also be greater chances of making the positive ones better.

If these personal efforts won’t work, parents who have loss custody of their kids might need to seek professional help. Experts such as a psychologist can help you maintain your emotional and mental health same with counselors who you can talk to regarding the painful experience that you went through when you loss the child custody case. You might also want to undergo therapy to help you accept the things that happened in your life and will make you look forward to another day.

I hope that reading the above information was both enjoyable and educational for you. Your learning process should be ongoing–the more you understand about any subject, the more you will be able to share with others.

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By Anders Eriksson, proud owner of this top ranked web hosting reseller site: GVO

PostHeaderIcon Child Custody Rights Of Mothers And Fathers

Are you looking for some inside information on Child Custody? Here’s an up-to-date report from Child Custody experts who should know.

These days, the issue on child custody had taken a 180-degree turn when the law no longer believes that mothers should be the first priority in the event of the couple’s separation or divorce. Nowadays, decisions on child custody cases are based solely on the best interest of the child.

At best, decisions on child custody are not gender specific. This is deemed fair for both father and mother, and the best for the child or children.

Custody rights of mothers

Under the eyes of the law, mothers and fathers have important roles to play in the growth and development of their children. A father’s bigger income compared to that of the mother does not entitle him outright custody in the event of a divorce.

In paternity suits, all of the 50 states in the U.S. view mothers as the child’s primary caretaker. Here, mothers can file a petition against the father on behalf of the child asking him to prove his biological paternity (and his legal fatherhood of same).

If it is proven, mothers has the right to ask for child support, medical and health insurance of the child, a share in the medical expenses during birth, and pay a portion of the mother’s legal expenses.

If the father fails in his obligations, the mother has the right to ask the court to terminate custody rights of the father. She can also ask to nullify visitation and custody rights of the father if there is physical abuse or violence.

If the physical and mental stability of the father affects the emotional and psychological development of the child, mothers can file a petition for a transfer of custody.

If you don’t have accurate details regarding Child Custody, then you might make a bad choice on the subject. Don’t let that happen: keep reading.

Custody rights of fathers

Before the 70s, custody was often vested with the mothers following the ?tender years doctrine?. The tender years doctrine presumed that children 13 years and under should be with the mother.

Later, it was found that the doctrine violated the Equal Protection Clause in the 14th Amendment of the U.S. Constitution. In most states, the guideline was for the best interest of the child.

This became public policy to determine child custody awards and the law to guide the family courts. Despite this, many family courts today still give great weight to the mother’s role as the primary caregiver.

Nevertheless, more fathers are now winning custody of their children. In some, it is settled by mutual agreement between parties. In others, the children declare preference in living with their fathers.

In cases where there a deadlock and the courts do the deciding, fathers prove to be the more emotionally stable parent. They present to the court their better abilities in providing better living environment for their children.

In other circumstances, the mothers are sometimes unable to afford the expenses of a protracted custody battle, or are set in pursuing a career for themselves, or some other reasons.

Today, however, more and more fathers are getting custody of their children whether by mutual agreement or by the decision of the courts. Most courts have placed equal importance to both mother and father in the delicate and emotional issue of child custody.

Is there really any information about Child Custody that is nonessential? We all see things from different angles, so something relatively insignificant to one may be crucial to another.

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Andrew Blachut is the owner of several hundred websites, of which the Jewel in the Crown is
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PostHeaderIcon Types Of Child Custody

Once a divorce proceedings start to run, the ultimate question asked by everyone is: who will get primary child custody?

Together with the legal arguments and other considerations in nullifying a marriage, there are other legal questions brought to the court. One of the most important, of course, is the decision on who will get primary custody of the children.

In most cases, the divorcing parents can come into a mutual agreement. Setting aside their differences, and with the help of their respective attorneys, they arrive on a shared custody.

Basically, they would agree to a 50/50 legal as well as the physical custody of the children. With this mutual decision, these kinds of parents have nothing in their minds but the welfare of their children.

However, not all cases close this way. There are many disputes on child custody that do not come to an immediate resolution. Some divorced parents cannot see eye to eye, given the many legal arguments and law interpretations.

Like any other disputes, these cases are filed and settled in court. There is a hearing, and sometimes it can become protracted and expensive on both parties. It is good to familiarize oneself on the various types of child custody settlements.

Legal custody

This grants the guardian the right to make long-standing decisions regarding the future of the child or children. These would include all the key aspects of the well-being of the child ? education, medical care, religious upbringing and others.

Usually, both parents are awarded joint legal custody, unless one of them is found to be unfit or unable to make the right decisions. Legal custody is not the same as physical custody which concerns issues on where the child will reside.

It seems like new information is discovered about something every day. And the topic of Child Custody is no exception. Keep reading to get more fresh news about Child Custody.

Physical custody

This is the right granted to the everyday care of the child. The parent with physical custody can dictate where the child will live.

The latest custody provisions give physical custody to the custodial parent and grant visitation rights and legal custody to the non-custodial parent. These visitation rights also offer exclusive time with the child every other weekend, alternating major holidays, and a number of weeks during vacations.

Sole custody

Sole custody gives the custodial parent exclusive physical and legal rights over the child. However, this type is rare, and is generally restricted to cases where one parent is deemed in poor condition or is deemed irresponsible (drug addiction or child abuse, etc).

Except for granted periods of visitation with the child, the non-custodial parent does not have the physical nor legal custody rights on the child.

Joint custody

A joint custody order has two parts ? joint legal custody and joint physical custody.

Joint legal custody means both parents will share in major decisions regarding the child. The custody order spells out the issues where the parents must share decisions.

The time the child spends with each parent is referred in the joint physical custody. The amount of time shared is flexible and depends on the arrangement of both parents. They can be equally divided, or one may only have agreed time periods.

In the event both parents cannot correctly assume child custody (substance abuse, mental health problems, incarceration, etc.), the court can arrange temporary guardianship or foster care for the child.

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PostHeaderIcon Best Interests of the Child: The Key to Deciding Child Custody Cases

You should be able to find several indispensable facts about Child Custody in the following paragraphs. If there’s at least one fact you didn’t know before, imagine the difference it might make.

In any child custody case, the court decision always focuses on the ?best interests? of the child. This is a great consideration whether an out-of-court settlement has been reached by both parents and their lawyers or a custody decision is made by a family court. What do the child’s best interests involve? Read on to learn more about how custody decisions are made based on this approach.

Essentially, the best interests of the child means that all discussions and decisions regarding the custody and visitation of a child are made with an ultimate goal: promoting and nurturing the security, physical and mental health, happiness, and emotional development of the child. Usually and ideally, it is in the best interest of the child to keep a close and healthy relationship with both parents. However, maintaining such a relationship can be difficult in some cases, and this can get in the way of resolving a custody dispute. If you are caught in the middle of a custody conflict, it is important that you focus on making decisions based on the best interest of your children. This will definitely affect your children’s lives and your relationship with them in the future.

There is no standard definition when it comes to a child’s best interests. To have a clear idea of what the best interest of a child really entails, it pays to know the factors that are taken into consideration in many custody cases.

Once you begin to move beyond basic background information, you begin to realize that there’s more to Child Custody than you may have first thought.

? Physical and mental health of the parents
? Age and sex of child
? Wishes of the child if he or she is of the right age
? Religious considerations
? The relationship with & support from extended family of each parent
? Proof of alcohol, drug, or sexual abuse of each parent
? Emotional abuse or discipline from parents
? Stability of the home environment of each parent
? The child’s adjustment to community and school

The wishes of the child regarding his or her custody have a huge bearing in any custody decision. These preferences can affect the court decision as to who will get the custody of the child. However, it still depends on the state where the case is being heard. Under particular circumstances, some states allow the child to have a say in the hearings. In other states, the courts have the discretion to determine how much relevance it will put on the child’s preference regarding his or her custody.

The child must be legally competent to testify in court, meaning he or she understands what the child custody hearings are all about and knows the difference between truth and lies. When a child testifies in court, the judge does not directly ask the child if he or she would want to live with the father or the mother. Rather, the child is asked in a conversational manner to talk about life in school and home.

Oftentimes, the courts appoint a lawyer to represent the child. This setup allows the child to participate in the hearings without the unnecessary stress and tension of the courtroom.

Those who only know one or two facts about Child Custody can be confused by misleading information. The best way to help those who are misled is to gently correct them with the truths you’re learning here.

About the Author
Andrew Blachut is the owner of several hundred websites, of which the Jewel in the Crown is
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PostHeaderIcon Various Child Custody Options: Guide for Divorcing Parents

When you think about Child Custody, what do you think of first? Which aspects of Child Custody are important, which are essential, and which ones can you take or leave? You be the judge.

What are the different child custody options that are available to divorcing or separating parents? The types of custody that parents can choose from depend on the state where they live and the specific situation of their child. Generally, there are five types of custody: physical custody, legal custody, sole custody, joint custody, and bird’s nest custody.

Physical Custody

If you have physical custody over your child, you have the right to have your child physically live with you. In some states, joint physical custody of a child is allowed. In that case, you and your ex-spouse have equal amounts of time for custody of your child. Physical custody is a good option since it allows you and your ex-spouse to spend a maximum amount of time with your child. However, this type of custody will work only if you and your ex-spouse live near each other. To prevent conflict from affecting your child, you and the other parent should have a cordial and workable relationship.

Legal Custody

This custody option gives you the right and responsibility to decide about the upbringing of your child. Legal custody means you can decide for your child in terms of healthcare, schooling, and religious upbringing. Most states allow parents to have joint legal custody of their children, so both parents can make decisions involving the child. The only problem with legal custody is that conflicts and misunderstandings may arise when the upbringing principles of parents clash. This conflict can be detrimental to their child.

Sole Custody

Sometimes the most important aspects of a subject are not immediately obvious. Keep reading to get the complete picture.

As the term suggests, sole custody gives custodial rights to only one parent while the other parent’s rights is limited only to visiting the child. This arrangement is used when the child may be harmed in one parent’s home. Among all types of child custody, sole custody is the least disruptive to the child. Because of the very limited interaction of one of the parents to the child, this type of custody may lead to conflict between parents.

Joint Custody

This arrangement is used when parents agree to share decision-making rights over their child’s upbringing. Usually, parents agree to coordinate their schedules so that joint custody will work. Sometimes, a court orders the parents to do it. Joint custody of a child may be joint physical custody, joint legal custody, or both.

Children of divorcing parents benefit from joint custody because they are guaranteed of continuous involvement and contact of both parents. This type of custody also lessens the burden of child rearing to each parent. However, it can be a disadvantage because children have to be moved often from one parent’s house to another parent’s house, and this setup can be costly.

Bird’s Nest Custody

In this type of child custody, the child still lives in the family home while the parents take turns moving in and out. Although this arrangement is not disruptive for the child, it can cause problems for parents, particularly in decision-making. This will work only if parents have other places to live during off days.

About the Author
By Anders Eriksson, feel free to visit his Perpetual20 training site for great bonuses: Perpetual20

PostHeaderIcon What You Need to Know about Temporary Child Custody

The following article presents the very latest information on Child Custody. If you have a particular interest in Child Custody, then this informative article is required reading.

Temporary child custody refers to a short-term arrangement that enables parents to ensure that their child is well taken care of while the final custody has not been decided yet. As with other types of custody, temporary custody allows the custodial parent to make decisions about everything that involves the child. The person given a temporary custody of a child may decide on the child’s schooling, healthcare, and welfare.

Rules and guidelines involving temporary custody vary from state to state. Typically, a relative such as a grandparent or one of the parents seek temporary custody of a child. Temporary custody is granted once both parents have been informed and have been given the chance to respond to the petition. In addition, every state has specific requirements for temporary custody. You may be allowed not to hire a lawyer to file for the custody. Thus, it pays to understand the process of filing for temporary custody in your state.

Why is temporary custody necessary in some cases? Because finalizing a divorce can take months or even years, it is essential to have rules in place regarding the upbringing of the child. Temporary custody, which indicates when each parent can take care of the child, prevents one of the parents from running off with the child or denying the other parent access to the child. It also ensures stability between the parents during the divorce process. Both parents are authorized to decide alone on behalf of the children if no custody order was given when they separated.

Sometimes the most important aspects of a subject are not immediately obvious. Keep reading to get the complete picture.

Relatives or non-parents may file for temporary custody if the parents of the child are mentally or physically incapable of taking care of the child.
A temporary custody order may be requested shortly after the divorce petition has been filed. The court grants it in a hearing that is completely separate from that for divorce. The temporary custody hearing may involve the following factors: implementing visitation, child support issues, changes in final custody order, protection from domestic violence, issues regarding the temporary unavailability of the custodial parent, and issues pending an appeal.

Usually, the courts require fewer limitations on evidence presented at temporary custody proceedings than that presented at permanent custody proceedings.

Several things have to be considered when you try to win a temporary custody of your child. Determine the factors of your case that should be focused on so that the judge will decide in your favor. It is also important to pay close attention to all the issues raised at the temporary custody proceeding. The temporary rulings of the judge are crucial to the final decisions involving the support, visitation, and custody of the child. So if you lose temporary custody of your child, you must be prepared for the final custody proceeding.

Before the final hearing, you need to do some things to win permanent child custody. These include maintaining communication with your child, providing money for the child’s support, visiting your child often, and ensuring a stable and secure home environment for your child.

Now that wasn’t hard at all, was it? And you’ve earned a wealth of knowledge, just from taking some time to study an expert’s word on Child Custody.

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PostHeaderIcon Child Custody And The Unmarried Couple

Do you ever feel like you know just enough about Child Custody to be dangerous? Let’s see if we can fill in some of the gaps with the latest info from Child Custody experts.

Child custody is already as complicated as the battle of married couples who decide to divorce. Between unmarried couples, the complications of the custody battle move on to another level. There are entirely new and different issues in unmarried child custody cases.

The primary question is who gets custody of the child if the couple is never married?

Ordinarily, unmarried fathers often fight for contact and child custody visitation rights to their children. Unmarried mothers most often battle for child support from the father.

Unmarried fathers and child custody

Different states in the U.S. have different perspectives on child custody cases, especially between couples who are not married. In most states, however, the unmarried mother is awarded sole physical custody, unless the unmarried father makes moves against such decisions.

Often, the father is left with very few options at the start of the separation to have access to his child. This is assuming that the mother denies him access.

If the mother denies the father access to his child, the father will need to fight for such right through the family court. This would involve the establishing of his paternity of the child and subsequently, petitioning the court for his share of parental rights.

At best, the unmarried father can only gain some form of child custody and visitation rights. This is dependent, too, on the mother’s cooperative attitude on agreeing out of court settlements.

Once you begin to move beyond basic background information, you begin to realize that there’s more to Child Custody than you may have first thought.

Unmarried mothers and child custody

In the case of unmarried mothers, most of their battles are often centered on the child’s financial support from the father.

Usually, paternity finding by a court is required before a father is forced to pay child support. Without it, it is impossible to enforce.

On the other hand, voluntary child support payment from the unmarried father without the paternity finding is on shaky grounds. If the father decides later to stop paying voluntarily, the unmarried mother cannot do anything.

Rights of unmarried fathers

Legally, the unmarried father faces an uphill battle in trying to gain access to his child. This is because he does not have the automatic right to spend time with his child compared to a married father.

When parents divorce or separate (whether married or unmarried), it is a common occurrence that the father is denied access to the children by the mother. When the issue is resolved in the courts, the issue of child support overpowers that of the father having to gain access to their children.

Nowadays, some lawyers argue that a mother denying the unmarried father access to the child may not be in the best interest of the child. This position would require explanation, and could be used against the mother if the custody is disputed.

An unmarried father would need to first establish his paternity (either by a signed voluntary declaration, or by filing a paternity action) before he can gain rights of access and responsibilities to his child or children. (This is true in California.)

All in all, child custody is a messy (and expensive) issue if the parties involved are not even married. Of course, things are way different if they are settled by the parents in the name of the children, and preferably outside of the court.

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PostHeaderIcon What To Do When You Lose A Child Custody Case

The following paragraphs summarize the work of Child Custody experts who are completely familiar with all the aspects of Child Custody. Heed their advice to avoid any Child Custody surprises.

It is common for parents who lose child custody cases to feel angry, depressed and anxious. This is because despite all the effort they exerted just to get their own child under their care, they will end up defeated by the very decisions and choices that they have made.

Although losing a child custody case is equivalent to the feeling of losing the child, this should not be the end of everything. Parents can still do something since they still get to see their child within the bounds set by law.

Experts say that for parents who lose the custody of their children to cope fast with the depression, they should start by not losing hope. What they can do is to research their legal rights if they believe that the court made an error by not giving the child’s custody under their name. They can make an appeal and hope that somehow, the ruling can be overturned.

Another best way to cope is that request is you can visit your child regularly. Majority of family court judges are hesitant to reject any parent’s request to regular see their kids despite losing the child custody case. Also, you can focus your attention on the factor that has caused the custody to be given to the other parent.

And most importantly, keep in touch with your child by maintaining regular contact with him or her. If physical connection would not be possible, try to find other means to communicate such as sending him or her letters through email, send her photographs, call the child as often as possible and even sign up for a social networking site so you can be updated with his or her whereabouts.

It seems like new information is discovered about something every day. And the topic of Child Custody is no exception. Keep reading to get more fresh news about Child Custody.

You can do all these but make sure that you don’t violate any of the court orders since you can be charged with criminal counts.

One step at a time

Motivation is a very important key to ensure that you will cope with losing a child custody case. It would require so much self-assessment as well as constant reflection over one’s self, on his or her environment, the people that surround him or her and the overall condition of life that he or she is in.

Experts say that once each of these has been thoroughly assessed, it will be easier to pave the way for continuous self-motivation. In order for them to motivate themselves regularly after what happened, they should start small since this is one of the easiest ways to start coping. Also, they would be able to forgive themselves over things that are beyond their control.

You should also stay in good company to maintain your continuous recovery after losing a child custody case. It is very important for one to veer away from people who have negative vibes and it would be ideal to find a good company of people who are all enthusiastic, encouraging, and have a positive outlook in life so you would somehow feel positive aura.

About the Author
By Anders Eriksson, feel free to visit his soon to be top ranked Perpetual20 training site: Perpetual 20

PostHeaderIcon Being Strong During Child Custody Case

With all the problems that come along the way during a child custody case, it is oftentimes hard for a person to maintain a certain level of positive outlook in life. This is because more often than not, the parent would only experience failure because he or she wasn’t able to meet the goals and expectations that are set.

However, despite the discouraging times, this is not enough reason to give up when there’s an on going child custody case. In fact, for some people, this can be a good opportunity to start anew. These hard times can serve as an inspiration itself for one to be able to overcome difficulties and triumph over life’s adversities. And when handled properly, people can get lifelong lessons from these trying times and use it to live a good and contented life.

Making the best out of what you have

Those of you not familiar with the latest on Child Custody now have at least a basic understanding. But there’s more to come.

Experts say that it is only common for people to feel depression, anxiety and defeat if life has been giving them so many tests and trials such as enduring a child custody case. However, instead of feeling depresses and sulking into the taste of defeat, people can use this as an opportunity to make themselves stronger by using these emotions and experiences to survive and motivate his or herself. The following are just some of the ways on how people can survive when there’s an on going child custody case:

1. Never stop learning. Experts say that once people realize that life is never-ending journey to learning, they will be able to find ways to their successes. To keep positivism alive, it is best to never stop learning because this opens up to new worlds of possibilities that are waiting to be explored. If one continues learning through read or by trying different things, he or she can gain more confidence to do things and start with new projects. You can adopt these because when you continue learning, you can acquire new skills that can add up to the things that you can do.

2. Always have a positive outlook in life. This might some easy for some but many people are in fact having a hard time developing and maintaining a positive outlook in life. Maybe because people just have different personalities and different upbringing that affect the way they see life in general. If one wants to survive in these hard times, he or she must start developing a positive outlook in life. This can be done by trying to see the good in bad at all time or whenever possible.

3. Avoid too much thinking. If possible, stop thinking at all times over negative aspects of the child custody case. This is because thinking would only bring in a mix of emotions that could be harder to handle and manage later on. To keep positive outlook in life, one must try to veer away from negative thoughts and only think of the things where he or she could something good. One must also try not to dwell on things that are beyond control because this will only cloud the positive outlook he or she is trying to build.

Now you can be a confident expert on Child Custody. OK, maybe not an expert. But you should have something to bring to the table next time you join a discussion on Child Custody.

About the Author
By Anders Eriksson, feel free to visit his Perpetual20 training site for great bonuses: Perpetual20