Child custody battles can be complex, and often bring out the best and the worst in those involved. At Fisher & Van Thiel we act on behalf of mothers, fathers, and other family members in their efforts to have the best care possible for the children involved.
We know that their are many circumstances that can contribute to the awarding of child custody, as revealed in several recent cases.
Inability to Care for a Child
In Boston, Massachusetts a woman recently attending a Red Sox game at Fenway Park was hit by a broken bat, sustaining serious injuries. The woman’s ex-husband is now filing for full custody of their seven year old son, stating that the mother is unable to care for the child because she has suffered traumatic brain injuries that have left her unable to drive and care for their son.
Friends of the woman say that her rehabilitation is working and that she has no issues taking care of her son.
Health Risk of HIV Positive Dad
In a second case, a Kansas man is working through a child custody battle with his ex-wife after he tested HIV positive. The Kansas court found that there is a risk of HIV exposure to the children through “accidental contact” with the father which poses a health risk to the children and that it is best if they have no contact with their father.
The father’s doctor, a nationally certified HIV specialist, was surprised at the outcome, stating, “This is not spread by saliva, it’s not spread by eating utensils, or by contact, hugging, or kissing. It’s spread by sex or exposure to blood, and that blood has to be intravenous as in injection drug users or needle sharing.”
Defining Child Custody
Child custody is defined by the care, custody and control over the child (or children) and can be sole or shared. Those who share custody do not need to share equal time with the child(ren) and they do not need to consult with each other in every decision involving the child(ren).
Ideally, divorced parents should find a way to spend consistent quality time with their children. A parenting agreement can be approved in court where a judge decides the acceptable custody terms when parents are unable to do so on their own.
Parents can reduce their legal expenses associated with long and drawn out court battles by coming to a mutually acceptable arrangement and entering into a parenting agreement out of court.
Carlsbad Child Custody Family Law Firm
Fisher & Van Thiel, L.L.P. is Carlsbad’s premier family law firm and our attorneys specialize in child custody, divorce, child and spousal support, and property division. If you or someone you know is considering divorce, we welcome your call to discuss more about parenting agreements and child custody.
Contact us today on (760) 722-7669 to discuss your situation and learn more about how we can help.