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LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 8686
Experience:  Experienced Family Law Attorney
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I (father in law ) have a proof that my daughter in law has

Customer Question

I (father in law ) have a proof that my daughter in law has an anger problems for many years. My daughter in law agrees that she needs anger management and willing to take anger management training . My son wants to file for divorce . Does this help him in custody of a newborn child or helps her ?
Submitted: 11 months ago.
Category: Family Law
Expert:  LegalGems replied 11 months ago.
The courts will look to the best interests of the child in determining the ideal custody arrangement.If a parent exhibits anger control issues, yet makes an attempt to resolve it, and successfully is able to do so, generally there are no long term effects from that. If however, a person is in therapy and still having episodes, that can result in a denial of custody, or an order of supervised visitation. It depends if the anger is exhibited by emotional or physical reaction. Also, the court will likely order a psych evaluation to determine the severity of it. So while a parent is given credit for pursuing therapy, the court's main focus will be on whether it is effective to prevent future issues. These are the factors, pursuant to code 5328, that the court is to consider:(1) Which party is more likely to encourage and permit frequent and continuing contact between the child and another party.(2) The present and past abuse committed by a party or member of the party's household, whether there is a continued risk of harm to the child or an abused party and which party can better provide adequate physical safeguards and supervision of the child.(2.1) The information set forth in section 5329.1(a) (relating to consideration of child abuse and involvement with protective services).(3) The parental duties performed by each party on behalf of the child.(4) The need for stability and continuity in the child's education, family life and community life.(5) The availability of extended family.(6) The child's sibling relationships.(7) The well-reasoned preference of the child, based on the child's maturity and judgment.(8) The attempts of a parent to turn the child against the other parent, except in cases of domestic violence where reasonable safety measures are necessary to protect the child from harm.(9) Which party is more likely to maintain a loving, stable, consistent and nurturing relationship with the child adequate for the child's emotional needs.(10) Which party is more likely to attend to the daily physical, emotional, developmental, educational and special needs of the child.(11) The proximity of the residences of the parties.(12) Each party's availability to care for the child or ability to make appropriate child-care arrangements.(13) The level of conflict between the parties and the willingness and ability of the parties to cooperate with one another. A party's effort to protect a child from abuse by another party is not evidence of unwillingness or inability to cooperate with that party.(14) The history of drug or alcohol abuse of a party or member of a party's household.(15) The mental and physical condition of a party or member of a party's household.(16) Any other relevant factor.
Expert:  LegalGems replied 11 months ago.
Thank you for using Just Answer.I hope the information provided was useful.Here is a link to the bar association's legal referral site: you have further questions please post here; otherwise kindly--- Rate Positively---so the site credits me for assisting you.Thank you and take care!

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