Roanoke Legal Issues Blog

To determine custody decision, the courts top priority in all considerations is the "best interest" of the child.

 But, what exactly are these best interests and how do the courts determine which interests are most important?

Our last post on the blog discussed substance abuse and the profound impact it can have on children. Since it can have a tremendous effect on children, substance abuse issues should be aggressively litigated when brought up in the context of a child custody dispute. After all, the presence of substance abuse, if presented to the court effectively, can result in reduced or even eliminated contact with one's child. Therefore, when confronting this issue, there is often a lot at stake.

But substance abuse is not the only factor that can play a role in a child custody or visitation determination. Issues such as domestic violence, the child's relationship with the parent, the child's ability to retain close connections to other family members and a parent's financial ability to care for the child can all be crucial in the outcomes of these disputes. Parents who are unable to present their position in an aggressive and persuasive way may find themselves in danger of losing their relationship with their child.

If you are facing serious financial challenges, then you're likely open to all debt relief options. One of the most effective ways to wipe out debt is to file for Chapter 7 bankruptcy. However, before doing so you should do your best to fully understand the process, its benefits and its disadvantages. This week we hope to give you a little clearer sense of part of the process and one of its biggest advantages.

Let's start with one important part of the process: the meeting of creditors. About a month after a Chapter 7 bankruptcy petition is filed, the trustee in the case will bring all of the petitioner's creditors together. The purpose of this meeting is two-fold. First, it seeks to give creditors a clearer sense of the petitioner's financial situation. Second, it serves as an opportunity for the petitioner to be put on the record affirming that he or she knows what the bankruptcy entails. For these reasons, it is important that petitioner's attend these meetings. If they don't, then they may not be successful in seeking bankruptcy.

Dealing with child custody and visitation issues during and after divorce are perhaps the most challenging things a parent can face. Yet, many American parents face this tough reality. Sometimes, though, they are able to work out custody and visitation agreements amicably. Many parents are able to utilize these agreements to ensure that they maintain their bond and relationship with their child. However, in some instances this simply is not the case.Regardless of a parent's situation, creative thinking is often necessary to reach adequate child custody and visitation arrangements. One way to do this is to engage in what is often referred to as "bird nesting." This is a process by which parents keep a familial home so that children can maintain a sense of stability while the parents rotate in and out of the home according to a pre-arranged schedule. Of course, this can be challenging for parents, as they oftentimes will share a separate residence such as an apartment so that they can stay there when it is not their time to stay with the children in the familial home.This kind of arrangement can be beneficial to children because it allows them to stay in the same school, keep their same friends, see their parents regularly and be comfortable in the home that they have grown accustomed to. However, some experts warn that long term nesting can be detrimental to parents' relationships and their relationships with their children. This can be especially true when one parent begins a relationship with another individual. After all, one parent may be hurt and find it problematic when it is their turn to reside in the familial home with the children and they see signs of a boyfriend or girlfriend having spent significant time there with the children. Additionally, long-term nesting can leave children unsure of what the future holds with regard to their parents living arrangements, their living arrangements and their parents' relationship. Therefore, many experts recommend utilizing the nesting technique for only three months to six months.Child custody and visitation issues can be enormously complex depending on the facts at hand. By utilizing creative thinking and addressing issues head-on, an individual can ensure that he or she reaches an agreement that furthers the children's best interest. When these types of arrangements cannot be negotiated with the other parent, then the parents will likely have to take the matter to court and litigate the issue in front of a judge. Whether an individual is able to negotiate a resolution or must litigate it, the assistance of a skilled family law attorney often proves beneficial.