Legal Decision-Making Authority Determination Made in Case Where Dad Gave Kids Nazi Names
With divorce comes a whole host of legal issues. Parenting Time, alimony, and property division are some of the aspects of a divorce that may bring about disputes. In these situations, emotions often run high, making it very difficult to come to an agreement. This means many of these issues will go to court and be heard and decided by a judge. Yet, issues of Parenting Time may arise even absent a divorce, when the state believes the child is in danger. When it comes to child legal decision-making authority, the best interest of the child should always be the top priority. This is evidenced by one recent, somewhat bizarre legal decision-making authority case.
In that instance, a boy was removed from the legal decision-making authority of his father after reported violence in the home. What made the case unique was the names of the children and the father’s behavior. The children were given Nazi names, which some claim led to the initial investigation of the family. The father, who appeared at the court hearing wearing a Nazi uniform, plans to appeal the court’s ruling.
Though this case does not relate to divorce, it helps highlight how courts determine what is in a child’s best interests, which plays a pivotal role in divorce cases. When a court hears a legal decision-making authority case, several factors are considered in determining the child’s best interests. Amongst these factors are the financial and emotional stability of each home, whether violence exists in the home, the relationship between the children and each parent, and the parenting time each parent contributed to the child.
Parenting Time determinations are very fact specific, and a court has a lot of discretion in determining whether to award sole legal decision-making authority, joint legal decision-making authority, and Parenting Time. An experienced family law attorney can help a parent develop an argument that gives the child the best home possible, and, if in the child’s best interests, keeps both parent’s active in the child’s life.
Source: NBC Philadelphia, “Legal Decision-Making Authority Denied to Nazi-Naming Dad,” Jul. 12, 2013