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Famous or not, child custody is the same in the eyes of the court

Child custody cases can affect all walks of life in a variety of ways. But, whether one is a famous, well-known actor or simply an average Joe, when dealing with child custody issues, the same rules apply to all. The courts do not take into account someone's status in society when ruling in child custody situations. The courts use the best interest of the child standard to make child custody determinations. This standard primarily takes into account where the child will thrive emotionally and physically, where the child will be cared for financially and the child's own wishes when applicable.

The standard that the court uses is almost always the same in child custody cases. In situations where there is a bitter battle between the parties involved about custody, the court will make the final decision if the parties cannot come to an agreement. Generally, the goal is to ensure that both parents can continue to play a major role in the child's life. Of course, there are situations where this is not appropriate.

Halle Berry, a famous actress, and her fiance have recently been in a bitter child custody dispute. Ms. Berry wanted to move to France with her child in tow. The father of the child disagreed with this move and fought it because it would limit his ability to see his child. The court ruled in favor of the father in this case. The father has a right to foster a relationship with his child, just as the mother often has the same right.

Both parents have a right to have their child or children in their lives if it is shown that the child will be in a safe, loving environment with either parent. The job of the courts is not to limit access to the child. The job of the courts is to make sure that the child is safe, protected and taken care of in the best way possible.

Source: The Huffington Post, "Halle Berry Custody Battle: Court Rules The Actress Can't Move To France With Her Daughter," Nov. 11, 2012

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Law Offices of Harris & Literski
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