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What does the court consider with best interests of the child?

With North Dakota child custody cases and arguments over visitation rights, there are many considerations that the court will assess as all-important decisions are made. Since the child is often caught in the middle of a custody dispute and there are lingering effects from the issues that sparked the couple to part ways, it is important to focus on the child's needs. The best interests of the child are critical and there are numerous factors that the court will weigh.

Children require emotional care with the parent. The ability of the parents to provide this will be imperative. The parents must provide the child's basic needs including food, clothes, a safe place to live, and medical coverage. Children must be assisted in proper development and those needs must be met. The environment in which the child lives must be safe and stable. Part of that will be the extended family, who will be around the children and the state of the community.

A common problem between parents is their relationship. The court will want to know that each side is able to foster a close relationship between the child and the other parent and put personal animosities - if any - aside. The parents should have sufficient moral fitness and the impact that will have on the child is vital. The schooling and the community issues along with the effect it has on the child will be gauged. Some children are mature enough to express their preferences. If the child is deemed to have sufficient maturity, he or she will be heard. If there were occurrences of domestic violence, that will play a role in the court's decision. Finally, any factor that is considered relevant by the court will be part of the process.

Any family legal issue can be complicated and contentious, but a visitation and custody dispute is among the most complicated. For parents who are concerned about these issues and how the best interests of the child will be served, having legal assistance is key. A law firm that has experience in custody and visitation cases should be contacted for help immediately.

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Commandments of Family Law

  1. The only truth your children need to know is that you both love them unconditionally, and that this isn't their fault.
  2. Take the high road — everyone wins when you do what's best for your kids.
  3. Negotiate but don't capitulate — if you are being pushed toward something detrimental for your children, stand your ground.
  4. You can only control yourself and how you respond. Don't engage.
  5. Do set up rules and responsibilities. Kids feel better when routine is continued.
  6. You are still their parent — don't be afraid to be one.
  7. Disneyland is in California, not in your home. Don't set up unreasonable expectations.
  8. It is not their job to take care of you. Repeat that to them. Often.
  9. Yelling is for sports — not court. Good lawyers strongly advocate without being disrespectful to opposing parties.
  10. Fair is a place you go to get cheese curds. Aside from that, nothing in life is fair.

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