Child Custody Law

Working out a child custody arrangement that both parents agree on can be hard. It is harder when there is animosity between the parents. When deciding where the child...

Working out a child custody arrangement that both parents agree on can be hard. It is harder when there is animosity between the parents. When deciding where the child should live, the court tries to decide in “the best interests of the child”. A decision in”the best interests of the child” involves considering the wishes of the child’s parents, the dreams of their child,  the child’s relationship with their parents, the child’s comfort within their home, school, and area. All of this together with the psychological and physical well-being of the child.

Kinds of Child Custody

Courts have the option of picking among several types of custody. Temporary custody allows custody of the child to someone during the divorce or separation proceedings. Exclusive custody grants one parent complete custody with the other getting none. The non-custodial parent may get oversight rights or in certain specific scenarios, supervised visitation rights. Joint custody permits the parents equal rights in making decisions regarding the child’s life. Courts award joint custody for the majority of cases where parents can properly execute their responsibilities as parents. In cases where there are multiple children from a marriage, a court has the capability to divide the children and split the custody between parents in accord with the best interest of each child.

How to Attain Custody of Your Child

In most states, judges decide child custody arrangements based on what is in the best interests of the child. So how is that determined? The judges look at a lot of factors in making this decision, such as the parents’ desire and capability to care for the child, the emotional bond between the child and parents, if the child must move to another location. Lastly, if old enough, the child’s wishes.

Frequently, parents or other adults who have raised the child will be required by the court to become involved in mediation. In mediation, you have the ability to examine precisely what you want, any issues you have had moving the child from 1 house to another, and anything else that’s pertinent to this circumstance. Hopefully, you will come to some settlement everyone can live with. Otherwise, the judge will make a parenting plan. Usually, neither parent is happy with parenting plans. But it is vital to bear in mind that if there was domestic violence in your relationship, you may be able to bypass mediation.

Issues with Child Custody

Sometimes problems arise in which a parent keeps a child when it isn’t their turn to watch over the child. On occasion, a parent claims a child in their taxes even though the other parent stated they were. When these problems arise, it’s never the ideal move to stop paying child care; this is just going to hurt you in the long run. Instead, a child custody modification may be required.

Going to court might be emotionally draining, but for your child, it is essential to have everything very clear. Having a seasoned lawyer advocating for your rights as a parent, will help you obtain the custody and visitation arrangement you and your child want.