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Submitted by DakotaLegal on
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Submitted by DakotaLegal on
It sounds as if you’re the one who wants to “win” (we’ll talk about using the word win, in custody cases) the child, and you have strong worries about the child’s safety. Always, in these cases where there are serious “minuses” in a home environment, a court will talk about the “best interest of the child.” This is a legal standard, different in every state, and a good place to start. Here’s an example (especially on page 3) of Massachusetts’s meaning of “best interest of the child”: http:// www. bu.edu/law//central/jd/organizations/ journals/pilj/ vol14no2/ documents/14-2JohnsonNote.pdf.
On thing judges look for are signs that one parent may accept the well-being of the child…even, over the parent’s own needs or preferences. As an example, some judges even react to any suggestion that a parent ‘wins’ custody. It can help you to begin to use some of the same language and thinking a judge uses to decide custody. This can also show your willingness to learn.
Is There Already a Custody Order?
Depending where you are in the custody process, you will have a particular legal burden to bring evidence about the proposed home. As we talked about above, this issue will be either a part of the complete picture (if you are just starting custody), or (if there’s already a Custody order) an important and new “change in circumstances.” We’ll talk more about that below.
If this is early in the process, you will definitely want to get expert legal help to document the risks posed by the other child. Try getting affordable legal help here http://www.mlac. org/ or through Massachusetts’ Bar Association http://www.massbar.org/for-attorneys/ professional-development/mba-pro-bono-opportunities/pro-bono-opportunities-guide/law-student-pro-bono-assistance.
The Importance Of Proving A “Change In Circumstances”
If a custody order has already been entered, a court is unlikely to very quickly change what should have been a thorough (but difficult) custody process. On the other hand, a court will consider any change in circumstances that presents important new information. The power of a court to do this is because a court keeps “continuing jurisdiction” over the welfare of a child: once again, using the “best interests” test.
You can point out that the role of a household member is important in deciding custody, but a court may be reluctant to explore these domestic/housing relationships, if it could have been argued earlier (for example, in a prior custody hearing). Here’s a case you can use to show that a domestic relationship (this may also technically be a half-sibling?) was (a) important and (b) should be evaluated with an eye on being “safe and appropriate.” http://caselaw.findlaw. com/ma-court-of-appeals/1376246.html.
- What if this is an emergency?
There is another path to addressing your worries, if this is a dangerous environment, where imminent harm may occur. You can look here to get information about how to file for an emergency custody hearing… http://family-law.lawyers.com/child-custody/ Emergency-Temporary-Child-Custody.html and a form for that emergency filing, here: http://www. mass.gov/courts/courtsandjudges/courts/probateandfamily court/ documents/cjd400.pdf.
What Is Your Child’s Age?
Your child will have some kind of important input into the custody process. Again, this will vary depending on whether you are trying to modify an existing order or arguing for custody. The other major factors will be the age and maturity of the child. I’m stressing those factors here, because the ability to build a psychological profile may be invaluable to informing the court. You can and in this case should seek an evaluation of everyone who will be living with your child: including this troubled child with homicidal impulses.
You can also look for volunteer help from some area psychology programs, to see if your child is experiencing fear from an awareness of the danger. In this entire area of your child’s fear of danger, it is vital you do everything you can to keep from unduly biasing or frightening your own child. Here’s a potentially helpful guide to the role of psychological evidence in custody cases: http://www.apa.org/practice/guidelines/child-custody.pdf.
It sounds as if you’re the one who wants to “win” (we’ll talk about using the word win, in custody cases) the child, and you have strong worries about the child’s safety. Always, in these cases where there are serious “minuses” in a home environment, a court will talk about the “best interest of the child.” This is a legal standard, different in every state, and a good place to start. Here’s an example (especially on page 3) of Massachusetts’s meaning of “best interest of the child”: http:// www. bu.edu/law//central/jd/organizations/ journals/pilj/ vol14no2/ documents/14-2JohnsonNote.pdf.
On thing judges look for are signs that one parent may accept the well-being of the child…even, over the parent’s own needs or preferences. As an example, some judges even react to any suggestion that a parent ‘wins’ custody. It can help you to begin to use some of the same language and thinking a judge uses to decide custody. This can also show your willingness to learn.
Is There Already a Custody Order?
Depending where you are in the custody process, you will have a particular legal burden to bring evidence about the proposed home. As we talked about above, this issue will be either a part of the complete picture (if you are just starting custody), or (if there’s already a Custody order) an important and new “change in circumstances.” We’ll talk more about that below.
If this is early in the process, you will definitely want to get expert legal help to document the risks posed by the other child. Try getting affordable legal help here http://www.mlac. org/ or through Massachusetts’ Bar Association http://www.massbar.org/for-attorneys/ professional-development/mba-pro-bono-opportunities/pro-bono-opportunities-guide/law-student-pro-bono-assistance.
The Importance Of Proving A “Change In Circumstances”
If a custody order has already been entered, a court is unlikely to very quickly change what should have been a thorough (but difficult) custody process. On the other hand, a court will consider any change in circumstances that presents important new information. The power of a court to do this is because a court keeps “continuing jurisdiction” over the welfare of a child: once again, using the “best interests” test.
You can point out that the role of a household member is important in deciding custody, but a court may be reluctant to explore these domestic/housing relationships, if it could have been argued earlier (for example, in a prior custody hearing). Here’s a case you can use to show that a domestic relationship (this may also technically be a half-sibling?) was (a) important and (b) should be evaluated with an eye on being “safe and appropriate.” http://caselaw.findlaw. com/ma-court-of-appeals/1376246.html.
There is another path to addressing your worries, if this is a dangerous environment, where imminent harm may occur. You can look here to get information about how to file for an emergency custody hearing… http://family-law.lawyers.com/child-custody/ Emergency-Temporary-Child-Custody.html and a form for that emergency filing, here: http://www. mass.gov/courts/courtsandjudges/courts/probateandfamily court/ documents/cjd400.pdf.
What Is Your Child’s Age?
Your child will have some kind of important input into the custody process. Again, this will vary depending on whether you are trying to modify an existing order or arguing for custody. The other major factors will be the age and maturity of the child. I’m stressing those factors here, because the ability to build a psychological profile may be invaluable to informing the court. You can and in this case should seek an evaluation of everyone who will be living with your child: including this troubled child with homicidal impulses.
You can also look for volunteer help from some area psychology programs, to see if your child is experiencing fear from an awareness of the danger. In this entire area of your child’s fear of danger, it is vital you do everything you can to keep from unduly biasing or frightening your own child. Here’s a potentially helpful guide to the role of psychological evidence in custody cases: http://www.apa.org/practice/guidelines/child-custody.pdf.