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How to Get Full Custody of Your Child

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If you’re going through a divorce and there are children involved, custody is almost certainly one of the most pressing issues of the proceeding. And if you want full custody, it’s important that you go into it with a plan.

Common Types of Custody Agreements

When it comes to custody, the final order will address both physical custody (which parent the child lives with) and legal custody (who has the right to make decisions about the child’s upbringing, including issues related to medical treatment, schooling, finances, etc.).

There’s no standard custody arrangement. Every family dynamic is unique and circumstances change from one divorce to the next. With that being said, most custody orders end up looking like one of the following:

  • One parent gets sole legal custody and sole physical custody
  • One parent gets sole physical custody and both parents share legal custody
  • Both parents get physical custody and legal custody (joint custody)
  • One parent gets sole legal custody with joint physical custody

Even within these types of custody agreements, there can be unique arrangements, caveats, rules, and restrictions. This is why it’s important for all parties to carefully review any proposed arrangement before signing anything.

3 Tips for Getting Full Custody

As you work through the different aspects of your divorce, here are several tips you can use to increase your chances of gaining full custody:

 

  • Understand How Custody Decisions are Made

 

If you’re interested in getting full custody – which is a big responsibility – you’ll have to prove that (a) you’re capable of having full custody of your children and giving them the best chance to thrive, and (b) your spouse is incapable of providing basic care and will be a detriment to their upbringing. 

In other words, it’s not just about you. You can be the best parent in the world, but if your spouse is a pretty good parent, too, you’ll never get full custody.

When making custody decisions, the judge takes a big picture view and considers factors like:

  • The child’s age, sex, and health
  • Each parent’s health (physical and mental)
  • Each parent’s lifestyle and social factors
  • Each parent’s ability to provide for basic needs (food, shelter, clothing, medical)
  • Each parent’s established living pattern (school, home, etc.)
  • The existing emotional bond between each parent and child
  • The impact on the child’s status quo
  • The child’s preference (if old enough to express an opinion)

“Assuming that none of these factors favors one parent over the other, most courts tend to focus on which parent is likely to provide the child with a stable environment and better foster the child’s relationship with the other parent,” Nolo.com explains

In a situation where both parents are fairly even (in terms of the factors listed above), it’s highly unlikely that full custody will be awarded. Assuming your spouse also wants custody, joint custody is the most likely outcome.

 

  • Hire an Attorney

 

Don’t try to handle your divorce on your own. If you’re serious about gaining full custody, you need an experienced attorney at the helm.

“There are many factors that a judge will consider in determining custody arrangements—and you probably haven’t thought of all of them,” attorney Rowdy G. Williams explains. “ An attorney who’s very experienced in child custody cases is essential to getting a custody agreement that’s favorable to you.”

Be open and transparent with your attorney about what your wishes are from the start. While they can’t do anything to change the facts or circumstances of your divorce, they can frame you in the best light to increase your chances of getting the custody agreement you desire. 

 

  • Prove the Other Parent is Unfit

 

While it’s not fair or ethical to speak falsely about your spouse, you have to prove that the other parent is unfit to have custody. In order to do this, you’ll have to drag up their dirty laundry and make sure the judge knows who they really are. This is where it’s important to give your lawyer everything they need to know. Don’t hold anything back.

Putting it All Together

Nothing matters more in a divorce than the health and well-being of your children. You and your spouse will eventually move on and make new lives for yourselves – possibly remarrying and enjoying more happiness than ever before. But your kids don’t get to move on so easily. A divorce impacts them for the rest of their lives. Make sure you’re prioritizing their well-being above all else. 

Michelle has been a part of the journey ever since Bigtime Daily started. As a strong learner and passionate writer, she contributes her editing skills for the news agency. She also jots down intellectual pieces from categories such as science and health.

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Lifestyle

What “Reasonable Person” Standard Is Applicable When Determining Negligence?

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In order to determine negligence, the reasonable person test asks if a person’s actions are consistent with what would be anticipated of a generally careful and sensible person in the same situation. Stated otherwise, did the accused act in a way that would have been expected of a reasonable person? 

In Florida, determining who is legally liable for an accident depends critically on the issue of carelessness. The “reasonable person standard” is the foundation of this assessment. Your personal injury lawyer can explain the “reasonable person standard” and how it can apply to your case if you are hurt in an accident in Florida. 

The Reasonable Person Standard: What Is It?

Legally speaking, the reasonable person standard offers a yardstick by which someone’s actions are assessed in cases of negligence. “How would a reasonable person have acted under the same circumstances?” is the central question it poses. Jurors and judges are asked this question in order to assist them in determining whether a person’s acts (or inactions) fall short of the expected standard of care that a reasonably prudent person would follow.

Like in many other jurisdictions, Florida does not base its reasonable person criterion on what an especially cautious or risk-averse person would do. Rather, it represents the behaviors of a composite of what the community expects of each individual. A reasonable individual would, for example, observe traffic laws when driving, heed warning signs, and refrain from needlessly endangering other people.

Utilizing the Reasonable Person Standard to Determine Negligence

The activities of the parties involved in a personal injury lawsuit are rigorously examined in light of this reasonable person standard. If it is determined that an individual’s actions do not correspond with what a reasonable person would have done in the same situation, negligence has been proven.

According to the law, proof of someone’s negligence is insufficient; strong, convincing evidence is required. Your personal injury lawyer is essential to this procedure because they have to painstakingly gather evidence showing how the negligent party strayed from what a reasonable person would have done. Piecing together facts, testimony, and any footage or recordings that can definitively demonstrate that their activities were in violation of the recognized norms of safety and care is more important than simply focusing on what they did or did not do.

This proof could take the form of eyewitness statements that refute the version of events provided by the person at fault or security footage that captures the moment of negligence. Something as small as skipping a scheduled maintenance or ignoring a warning alert might have a big impact. Your personal injury attorney seeks to establish beyond a shadow of a doubt that the defendant’s acts were not just improper but directly caused others to be put in danger by providing a thorough picture of their negligence. 

How Does This Impact Your Case for Personal Injury?

In a personal injury case, knowing the reasonable person standard is essential. In the event of an accident, this standard might assist you in proving liability if you think the other person was careless.

You should be aware that your activities will be evaluated in comparison to the hypothetical reasonable person’s behavior in situations where you might be held culpable. It doesn’t matter what you meant or thought was appropriate; what matters is what the community would anticipate from someone in your situation.

Although navigating the complexities of the reasonable person standard might be challenging, Florida’s negligence law heavily relies on this standard. A fair appraisal of the facts is essential when seeking justice following an injury accident, and comprehending this criterion is crucial.

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