Judges have to decide who will be responsible for the child's custody and the frequency at which parents should be able to visit with the child. Visitation may be supervised or even denied in instances in which a judge thinks it may put children in danger, for instance as with a domestic violence situation.
In general, when making custody decisions judges take into account the following aspects.
The Child's Dreams
In over 30 states, judges can look at the child's preferences when deciding custody. But, courts differ greatly in the way they question kids about their wishes and the weight they place on their opinions. Certain courts have established a minimum age at which the child's opinion is taken into consideration. Others only consider the opinion of a child if they are convinced that the opinion is supported by reliable data and mature judgment.
In many cases, the judge can interview a child on their own, in chambers, with the parents excluded in order for the child to talk freely without fear of displeasing any parent. It can be an extremely emotionally charged experience for parents and children as well, however it's vital for the judge to know as much as possible about the relationship between parents and the needs of each.
The courts will accord major weightage to the wishes of an older child. Judges are more likely vote in favor of a parent who maintains stability in the life of their child such as religion, schools, neighbors, relationships and even friendships. Judges are also more likely to consider children's viewpoint if the judge has a good understanding of the child's personality this can allow them to come to an impartial decision.
There is a possible exception for cases of parents' abuse. A court is likely to take any sign of mental or physical abuse as serious and may award custody to the non-abusive parent. The law define "abuse" broadly and covers all forms of negligence which could cause lasting harm to a child. A minor amount of psychological stress resulting resulted from living in a environment which is harmful can result in the long-term harm.
The Child's Needs
Courts will consider the child's need when determining custody plans. The judge determines whether parents are able to fulfill the child's psychological, physical, mental and intellectual demands as well as create a stable and safe environment to the child.
When determining custody, courts favor the parents who are the primary caregivers of the child. It reduces the disturbance for the child, and also makes it simpler for parents to adjust to the new circumstances. The courts will look at the earnings and stability of both parents' households. A steady, established lifestyle is usually preferred over a chaotic or unstable home setting.
The extent to which a person's parent is involved in the child's education is also crucial to the judge. Parents who have been more involved in their child's education tend to get a higher rating than others who haven't been so involved. A judge may also take a examine the capacity of each parent to nurture and nurture the child's emotional and emotional health. The court will also consider the capacity of each parent to nurture and build the emotional and social well-being of their child.
A court may also consider an evidence showing that a parent may pose a threat to the safety or wellbeing of the child. It could be a case of domestic violence as well as other serious criminal convictions involving the child. The safety of children is an important concern as judges put children's interests first over everything else.
Start a parenting journal and be sure to record your interactions with your child. It's a good method to demonstrate to the judge that you're a caring responsible parent who shares a close bond with the child. Your lawyer can help build a stronger case at trial if you demonstrate this. Bring any art work you made with your child you or any tangible proof of your relationship.
The child's responsibility
If a parent has been granted the child's custody, the judge will determine the best way to divide parental rights and obligations. Keep in mind that the judge will look at the preferences of both parents and the child. It is the ultimate aim to offer the child as much security and stability throughout their entire life.
The term "parental rights and responsibility of parents" refers to the power of decision-making in addition to the period of time parents are spending in their homes with children. Decision-making power is what is described in legal terms in the legal sense as "legal custody." This includes decision-making authority regarding the child's education, health, extracurricular activities, and religion. The power to make decisions can be split between parents (joint custody), or given only one of the parents (sole custody).
Physical custody is the term that describes the arrangements wherein a child stays at both parents' homes. It can be shared equally by the parent (joint physical custody) or allocated to a single parents (sole physical custody). When deciding which parent will reside in child custody lawyers the home with the child, courts will consider whether the home is safe and located in a convenient area. The courts will also consider the possibility of daycare facilities or alternative childcare alternatives, accessibility to schools as well as the ease of access to other family members.
The judge will also take into consideration the preference of the child, based on their age and maturity. Children may be able to talk with kids to determine which area they'd like to be and how much time they would like to spend with each parent. Judges are also able to hear views of children by the witness of a third-party evaluator. If parents come to an agreement about a custody arrangement themselves then the court is likely to uphold that arrangement unless it believes that it's not in the child's best interest.
The Child's Safety
A judge who grants custody should be worried about the safety of their child. The judge will require an assessment by psychologists if they believe that the parent in question is dangerous. Judges typically will take the outcomes of these assessments serious. Both parents will be considered by the judge when deciding who has physical custody over their child (where they'll live) as well as who will get legal custody (decisions about things such as healthcare, education and more).
Judges in the past would award the sole physical custody of kids to mothers. However, now state laws require judges base their decisions on the highest interests of the child. Individuals who believe that they should have first physical custody just as mothers can apply to the court for permission to grant them custody, if they convince him to do so. Judges look into other aspects such as whether the parent is able to provide a stable home and if both parents take on full-time work and assist with after-school activities, and any evidence of abuse from either party. Judges are more likely to give custody to a parent who is suffering from a severe mental illness, or alcohol and drug issue.
It is each side's responsibility to obey the court order when a custody order is made. If they don't, there will be consequences. If, in certain situations parents who are not custodial repeatedly break the visitation and custody agreement in a manner such as making it late to pick up their children, or taking their children out of state or country without authorization in the event of a court case, the judge could decide to issue an enforcement order for that parent. The judge could also contemplate making a bond in order to ensure that the noncustodial parent is able to take the child back.
What's the relationship between a child's and each parent?
In child custody decisions in child custody cases, the court must look at the relationship of the child with every parent. In the ideal scenario, children are allowed to build positive relationships with all parents as well as develop bonds that will last well into adulthood. In order to avoid this, many judges favour the concept of joint custody. If the parents cannot agree on a custody arrangement and the judge decides the most beneficial interest for the child through examining all evidence presented at hearings.
When deciding child custody arrangements, the judge will usually order an assessment of the children's mental and emotional health by a qualified professional, such as psychologist. As part of his evaluation that the psychologist conducts, he will sit with parents as well as the child, perform tests and testify before a witness.
The judge will determine which parent is entitled to physically custody (residency) and the legal custody, or decision-making authority in relation to the child's education and health, as well as welfare and spiritual upbringing. When a court gives sole physical custody over the child to one parent, and that parent takes over as the primary caregiver. The parent also has the authority to supervise the visit of any parents of the other or designated caregivers. If a court grants sole legal custody, the parent granted it will be entitled to decide on the upbringing of the child. In addition, they is able to consult with any parent.
In some cases courts may choose to appoint a guardian ad litem to defend the child's interests. The guardian ad litem an attorney who is appointed to look into the family situation and advise the court about the custody arrangements that are in the child's best interests. Courts also permit parents to request a change of custody or visitation in the event of an important change in situation.