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Does Filing for Bankruptcy Affect One’s Fight for Custodial Rights?

One very important matter that needs to be settled by spouses who decide to divorce one another is who gets to have custody of their child – a decision which, if they cannot arrive at amicably, will have to be made by a family law court.

Though states may vary in some of the factors considered when choosing who the custodial parent should be, there is one principle adopted by all: the decision will have to be based on the best interest of the child. Thus, if both parents are deemed by the court as capable and worthy, it may decide on joint physical and legal custody.

Joint physical custody gives the former spouses equal time with their child, joint legal custody, on the other hand, will allow both parents to make decisions which will have direct effect on their child’s welfare. In some instances, based on evidences presented in court, full custody is awarded to only one parent, if such evidences can prove that the other parent is unfit.

Except for obvious proofs, such as alcohol and/or drug dependence, child abuse or conviction in a crime, judging a parent as unfit is not easy for the court. In some instances, though, one spouse’s decision to file for bankruptcy may be deemed by the court as a cause to deny such parent custody of his/her child.

Bankruptcy is a legal process filed by individuals who can no longer manage their overwhelming debts; it is a means that will help them regain control of their financial life. There are different types of bankruptcy law, each designed to fit a person’s specific financial situation, and there are tests conducted by courts to help them determine if a person is qualified to be granted protection through bankruptcy.

People who file for bankruptcy should know that it is never an escape from their creditors, but a chance to structure the best financial plan that will make payments not be burdensome for them. Though bankruptcy may require a person to sell some of his/her properties or to come up with a 3 to 5-year debt-payment plan (depends actually on the bankruptcy applied for), its greatest benefit is a fresh start and renewed control over his/her financial future.

A bankruptcy filed in the past or during the child custody proceedings itself ought to be considered irrelevant and, therefore, should not affect one parent’s fight to custodial rights. Some family law courts, however, may view bankruptcy in a different perspective – that is, as an indication of unsound financial management on the part of the petitioning parent. And when it comes deciding the custodial parent, financial capability is one of the factors considered by some courts.

Having an excellent family law attorney, who also has adept knowledge in bankruptcy law, to help you fight for custodial rights, would be necessary, especially if you believe that your contribution for your child’s future would have a better impact on his/her life. This is the same sound and wise advice stated in an article in the website of the BB Law Group PLLC in The Woodlands, Texas, due to the difficulty of the spouses in reaching a term agreeable to both.

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