Factors in Determining Child Custody

If you are currently fighting or plan on fighting for custody of your child or children, what factors do you think the court will consider? How do you convince the judge that you you will be a better caretaker than the other parent? Here is a quick list of issues which you will should be able to address:

1. Love

Talk about how you show affection to your child/children, and, if suitable, how other parent does so (or does not)

2. Food preparation and types of food prepared

What are their favorite foods? What do they like? What do they hate? When do they eat? How often do they eat fast food vs food at home? If your spouse fills them with junk food, talk about that.

3. Routine – weekdays and weekends

You should be able to talk about when they get up and go to bed and any inherent difficulties, their involvement in activities outside the home, chores and hygiene routines, etc.

4. Education

What schools have they attended? What are their grades? Show report cards and talk about difficulties they are having, teacher conferences, open houses, etc.

5. Time spent with child or children

In what activities do engage with the children, e.g., reading, park, zoo, TV, etc.

6. Medical care

Who provides insurance for the child? Who are their doctors? Do they have their immunizations? Any particular health issues the child has? If child is on medication, does the other parent ensure child takes it regularly and on time?

7. Dental care

Who is their dentist? Who takes them to appointments? Also discuss records, current state of teeth, future work anticipated (e.g. braces)

8. Religious training

Do the children attend church? Where? How often? Who is their pastor, priest or rabbi? Who takes them to church? Are both parents same religion? Any obstacles to continuing the children in their faith?

9. Communication

Do the children openly communicate with you and/or other parent? Any difficulties in this area?

10. Provisions for child care

Who will watch the children while you are gone? How often are you gone? What are your expenses for child care?

11. Housekeeping

12. Child’s temperament

13. Child’s preferences as to custody and why

The courts usually will give weight to this factor only when the child is over the age of 12. However, it is important to know why the children, even younger ones, prefer one parent over the other. For instance, it can indicate that one parent may be bad-mouthing the other to the children, something to which courts do not take kindly.

14. Home condition and location – accessibility to parks, schools, churches, hospitals

15. Family in the area – grandparents, aunts, uncles, cousins, godparents

16. Physical description of family residence – rooms, yard, etc.

Remember, this is not just about bashing the other parent - it is about showing that you are an appropriate caregiver yourself. If your child or children have difficulties while in your custody, don't try to hide them from your attorney. Instead, be upfront about the problems so that you and your attorney are prepared to address them with the judge. After all, it is likely the judge will find out about the problems, and you don't want him or her to think that you are in denial about those issues.

Proof that Amber Alerts Work

A West Point girl was kidnapped but then rescued less than six hours later, thanks to Nebraska's Amber Alert system. Someone seeing or hearing the alert called in a report, leading the State Patrol to the kidnapper and the girl.

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Elkhorn Loses to Omaha

Well, it's a sad day in Elkhorn. The city has lost its battle to prevent Omaha from annexing it. Over 7,000 people that chose not to live in the Big 'O' have had that choice taken from them.



You can read the opinion here.



The part I found most surprising was that Omaha was allowed to create a path to Elkhorn by annexing a bunch of land between the two cities and annex Elkhorn at the same time, as shown here. That just seems wrong.



I'd like to know if any people living in Omaha are bothered by this.

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Must a criminal suspect "unequivocably" ask for counsel?

To summarize: The police badger a suspect into a confession. During the interrogation, they prevent him from asking for counsel by interrupting him whenever he is about to ask. The prosecutor then argues that the suspect was required to "unequivocally" ask for counsel.

Does anyone see anything wrong with this?

Police are in a position of power in the interrogation room, and it is very easy to press suspects into going along with what the police want, even, in some cases, when the person is innocent. That's the reason we have the "right of counsel." Police should not be allowed to prevent suspects from invoking this right simply by cutting them off whenever the suspects start to say they want an attorney.

Neb. tries to oust trooper linked to KKK

Nebraska makes the national news again....

You can argue that his views haven't influenced his job and that his private life activities should not impact his job, but let's face it. Once it has become public knowledge that he's a Klansman, every time he is involved in any contact with minorities, there will be suspicions and allegations of misconduct, and all the incidents will have to be investigated. He's created a major headache for the Patrol.

Omaha City Council Passes Sex Offender Residency Restrictions

Key provision: The ordinance doesn't apply to offenders already living in the restricted areas.

To all sex offenders living outside of Omaha: You have until June 30 to move here and get a good spot....

You can read the entire ordinance here.