When two parents find themselves battling for custody of their children, courts often make a decision that they feel is in the best interest of the children. Oftentimes, one parent may feel as though the custody agreement is not fair, but it is important that they look at why the court made the decision they did. In some cases, it may not have to do with the parent directly, but the people around them.
Though not in California, for one Kansas mother, it is her fiancé that is preventing her from seeing her children more. When this mother made the decision to marry a man who is HIV positive, it became a concern for the children's father because they would be in the same home as the fiancé. When courts were informed of him living with the mother, they limited the amount she could see her children, restricting her to supervised visits while her fiancé is living with her. He is also not allowed to have any contact with the children due to there being a risk of them contracting the disease.
Even though the mother may not feel there is a risk, according to the father's attorney, he feels as though the children are at risk and simply does not want them to accidentally contract the disease. The mother is planning to fight this decision, but until she meets with courts again, visitation with her children will continue to be limited, which is a decision that may not change despite her efforts to prove that there is no risk for the children.
Parents may feel as though courts have been unfair for many reasons when it comes to child custody. If anyone feels they were not fairly considered in receiving custody of their children, they should speak to a family law attorney, as he or she may be able to help.
Source: KWCH 12 News, "HIV status causes child custody dispute," Jade DeGood, June 25, 2015