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There have however been some changes regarding the terms which are used when it comes to child custody cases. A prime example of this is the Nations Convention on the Rights of the Child have declared terms such as ‘custody' and ‘access' as outdated so you may, in some cases see these terms referred to as ‘reside' and ‘contact.'
Issues regarding who is granted custody and contact of a child are the most pressing when they are involved in a divorce proceeding, annulment or other legal process. In cases such as this a decision needs to be made regarding who the child will have their main point of residence with and what type of custody is granted. These decisions can often involve a lengthy court battle but however the decision is made it will only be made with the best interests of the child in mind. So what are the different types of custody that are available?
There are two main types of custody when it comes to child custody involved in divorce; these are exclusive and joint custody. Both of these are pretty much self explanatory. In exclusive custody a court will award the custody of a child to one parent. It is this parent that the child will reside with and have the most contact with. In cases of exclusive custody that parent that it is granted to is the one that makes most of the decisions involving the child. The parent who isn't granted exclusive custody may receive supervision rights or in certain cases, supervised visitation rights. This basically means that they will be able to see their child but only on certain days and at certain time, again these times will generally be decided by the parent with exclusive custody but will be done in a way so it fits in with when the non-custodial parent is free as well.
In cases of joint custody both of the child's parents will be granted equal rights when it comes to the decision making regarding a child's upbringing. Courts award joint custody for cases in which both parents can properly perform their duties as parents. There are cases however when joint custody has been awarded, where one parent will try and sue for exclusive custody. Even though this is within your rights, it will only be considered if you can prove that this is in your child's interest. The courts will only make their decision of custody based on what is best for the child.
When deciding on what is best for a child, aspects such as the wishes of the parents, the wishes of the child and the child's relationship with each of their parents as well as their siblings are taken into account. Also aspects such as the child's comforts in their home, school and community as well their mental and physical health is taken into account when it comes to deciding what custody should be awarded.
No decision about child custody will be made without looking into factors that will affect the child. Whatever custody that is awarded will be done for the best interest of the child that is involved. A divorce is hard enough on children; the last thing that anyone wants in these situations is to add extra hurt, upset and pressure on a child.
This is a very common problem. You discover your spouse has an addiction to porn and extreme fetish porn at that. You make the difficult decision to leave him but now he has unsupervised visitation with the minor children and you fear the children are exposed to the perverted material.
According to one study, early exposure (under fourteen years of age) to pornography is related to greater involvement in deviant sexual practice, particularly rape. Slightly more than one-third of the child molesters and rapists in this study claimed to have at least occasionally been incited to commit an offense by exposure to pornography. Among the child molesters incited, the study reported that 53 percent of them deliberately used the stimuli of pornography as they prepared to offend.
The habitual consumption of pornography can result in a diminished satisfaction with mild forms of pornography and a correspondingly strong desire for more deviant and violent material.
In a study of convicted child molesters, 77 percent of those who molested boys and 87 percent of those who molested girls admitted to the habitual use of pornography in the commission of their crimes. Besides stimulating the perpetrator, pornography facilitates child molestation in several ways. For example, pedophiles use pornographic photos to demonstrate to their victims what they want them to do. They also use them to arouse a child or to lower a child's inhibitions and communicate to the unsuspecting child that a particular sexual activity is okay: "This person is enjoying it; so will you."
There is a solution. If you can demonstrate to the court conclusively that the parent has an addiction to Internet porn the court can make orders in relation to that threat that will protect your children from that exposure. They could order anything from no visits to supervised visits to orders prohibiting the mere presence of a computer in the home.
It is surprisingly easy to obtain evidence of Internet pornography and interest in extreme sexual fetishes. You can hire a private investigator that specializes in this very specific field of Internet investigation. What they do is take your husbands email address and locate that email on extreme fetish dating services, porn sites and escort service sites. Then your lawyer can subpoena the records of those sites to determine the level of the activity your husband is involved with on those perverted sites. The times could easily overlap with court ordered times of visitation. Dramatically demonstrating he is unfit to care for the children.
If you hire a professional to investigative online activity be sure that they know what they are doing. It's a relatively new field so do a search online using Google to make sure the PI is considered an expert at this type of investigation.