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The wife failed to call her corroborating witness, and husband’s counsel moved to strike wife’s case.As a matrimonial law attorney who regularly represents mothers and fathers in contested divorce trials, I have very some straight forward advice for parents going through divorce, and who are contemplating a custody action.Subsequently, the wife obtained a protective order against the husband.The husband appeared in the protective order proceeding, but did not appear for the trial on the divorce case.
It is well to bear in mind the basic law of custody and custody modification when considering how to deal with the involvement of a sex offender in a custody action. There is a three-prong test for modification: a substantial change in circumstances of the custodial parent since the original custody decree; the substantial change’s adverse impact on the welfare of the child; and the necessity of custody modification for the best interest of the child.
In a case where the father, for instance, has been guilty of a sexual offense requiring registration that does not involve any of the children of the marriage, his or her contact with the children will be affacted by at least these restrictions: Experts in custody proceedings have opined about the dangers of recidivism applicable to various sexual offenses.
In the statutory rape case I had, an expert testified that the danger of a repeat offense was low for that particular crime. The test for modification is like a three-legged stool; if one leg is removed or missing, the stool falls. we further hold that when the environment provided by the custodial parent is found to be adverse to the child’s best interest, and that the circumstances of the non-custodial parent have changed that he or she is able to provide an environment more suitable than that of the custodial parent, the chancellor may modify custody accordingly.” The court in added: “We further hold that where a child living in a custodial environment clearly adverse to the child’s best interest, somehow appears to remain unscarred by his or her surroundings, the chancellor is not precluded from removing the child for placement in a healthier environment.
FAQs (Frequently Asked Questions) about child custody and visitation issues.
If you are getting a divorce and have children this area will help you better understand the issues of your divorce that will include your children. Quick, easy, accurate, and low-cost solution for doing your own divorce without a lawyer.