Monday, November 4, 2013

Past History Matters

The past history of a child not before the Court often matters in a custody case.  It often goes to the parent's willingness and ability to care for a child.  Take a look at Gantenbein v. Gantenbien located here.  Under the other factors of the Albright analysis, the chancellor gave great weight to the fact that one parent had voluntarily terminated his parental rights on a child and failed to pay child support to them.  The Court of Appeals affirmed the decision.  As such, it is a good practice to ask about those other kids not before the court.  It can play a factor.

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