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Child custody leads to threat of violence

On Behalf of | Jul 25, 2014 | Child Custody |

California residents would probably agree that divorce is the result of the breakdown of the marital bond and more often than not, the process divides entire families. Children are often the greatest casualties of a divorce. And while joint custody is usually preferred by both parents, custodial battles and battles regarding child support usually lead to increased acrimony.

Recently, a man in Jefferson City, Missouri, was arrested for threatening his ex-wife over child custody. Allegedly, the man refused to hand over custody of his 18-month-old toddler to the mother and allegedly pointed a gun at her. Police were called and the father was arrested on allegations of domestic violence, unlawful use of weapons and being a felon in possession of gun. However, an investigation failed to turn up any guns on the premises. But the mother did get her child back unharmed.

There are different types of child custody. Physical custody refers to where the child lives with either or both parents. There can be two types of physical custody. Sole custody is one type. That is where one parent has physical custody of the child while the other has visitation rights. Joint physical custody refers to where both parents have physical custody of the child. Legal custody refers to where the parents have the legal right to make decisions on behalf of the child. This type of custody can also either be joint or sole legal custody.

While in most cases nowadays, couples prefer joint or shared custody of the child, in many cases sole custody by one parent is still prevalent. In such cases, the non-custodial parent gets visitation rights over an exact period of time. Custodial issues can sometimes become bitter during divorce proceedings. In such cases it may be advisable to get professional legal help in order to ensure the best interests of the child.

Source: ABC17News.com, “Man arrested after child custody dispute in Jefferson City,” July 14, 2014

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John T. Chamberlin, Attorney at Law
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