Child custody lawyers or a child custody attorney can make all the difference in whether you see your children and how often. This is not the time to try to navigate the legal system with inexperienced attorneys. Child custody is an issue that faces millions of people on both sides of the fence. Get the help of a qualified lawyer. Child custody should be determined with all the facts researched and with the best interests of the children taking number one priority. This website was created with information about child custody in general and also lists resources to help you in your search for a qualified attorney.
When parents separate or divorce, the term "custody" often serves as shorthand for "who gets the children" under the divorce decree or judgment. In 20 states, custody is split into two types: physical custody and legal custody. Physical custody refers to the responsibility of taking care of the children, while legal custody involves making decisions that affect their interests (such as medical, educational and religious decisions). In states that don't distinguish between physical and legal custody, the term "custody" implies both types of responsibilities.
Courts frequently award at least partial custody to both parents,
called "joint custody." Joint custody takes at least one of
three forms:
· joint physical custody (children spend a substantial amount
of time with each parent)
· joint legal custody (parents share decision-making on medical,
educational, and religious questions involving the children), or
· both joint legal and joint physical custody.
In every state, courts are willing to order joint legal custody. About half the states are reluctant to order joint physical custody unless both parents agree to it and appear to be able to communicate effectively and cooperate with each other. In New Mexico and New Hampshire, courts are required to award joint custody, except where the children's best interests -- or a parent's health or safety -- would be compromised. Many other states expressly allow courts to order joint custody, even if one parent objects to such an arrangement.
Sometimes neither parent can appropriately assume custody of the children -- perhaps because of substance abuse, a mental health problem, absence or incarceration. In these situations, someone other than the parents may be granted custody of the children or given a temporary guardianship or foster care arrangement by a court. A court would rather have a child remain with family members than go with strangers. So if you are in this situation and you don't want your child to wind up in foster care, speak to relatives who may be willing to assume temporary custody.
When a court determines the visitation rights of a non-custodial parent, it usually orders "reasonable" visitation, leaving it to the parents to work out a more precise schedule of time and place. Reasonable visitation allows the parents to exercise flexibility by taking into consideration both the parents' and the children's schedules. Practically speaking, however, the parent with physical custody has more control over the dates, times and duration of visits. He or she isn't legally obligated to agree to any particular schedule, but judges do take note of who is and who is not flexible. If you are inflexible, merely to vex your ex, it can backfire when you need to ask the court for something in the future.
The parents have to cooperate and communicate frequently, for the reasonable visitation approach to succeed. If you suspect right off the bat that reasonable visitation won't work, insist on a fixed schedule and save yourself time, angst, and possibly money. If you've already agreed to reasonable visitation and it isn't working out -- for example, one parent is consistently late, skips scheduled visits or doesn't inform the other parent where he or she is planning on taking the children -- you can go back to court and ask that the arrangement be changed.
Almost all courts use a standard that gives the "best interests of the child" the highest priority when deciding custody issues. What the best interests of a child are in a given situation depends on many factors, including:
· the child's age, sex, and mental and physical health
· the parent's mental and physical health
· the parent's lifestyle and other social factors, including
whether the child is exposed to second-hand smoke and whether there
is any history of child abuse
· the emotional bond between parent and child, as well as the
parent's ability to give the child guidance
· the parent's ability to provide the child with food, shelter,
clothing, and medical care
· the child's established living pattern (school, home, community,
religious institution)
· the quality of the child's education in the current situation
· the impact on the child of changing the status quo
· the child's preference, if the child is above a certain age
(usually about 12), and
· the ability and willingness of the parent to foster healthy
communication and contact between the child and the other parent.
Assuming that none of these factors clearly favors one parent over the other, most courts tend to focus on which parent is likely to provide the children a stable environment. With younger children, this may mean awarding custody to the parent who has been the child's primary caregiver. With older children, this may mean giving custody to the parent who is best able to foster continuity in education, neighborhood life, religious institutions, and peer relationships.
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