Mental, Physical, and Moral Condition of a Parent and Custody Decisions

    An important concept to learn is that consenting adults may do anything they want as long as the child is not affected.  This includes whips, chains, videos, alcohol, parties, and alternative lifestyles.  Consenting adults can do ANYTHING they want and the court will not look down on them UNLESS the child is directly affected.

   What does this mean?  The bottom line: anything done in private between consenting adults is OK.  Anything out of the ordinary done in front of children is not OK. 

   The proposed custodial parent must be in adequate mental and physical shape to exercise parental responsibility.  This does not mean the parent in best shape wins - it is only a minimum standard of being able-bodied to parent.

    Be aware: although this factor is the least useful to courts, both parties usually take the opportunity to throw "mud" at each other.  This phase of a trial gets the ugliest and can be the most damaging to all involved.


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