CHILD CUSTODY
Working out a parenting agreement that covers child
custody and visitation can be difficult, especially when
there’s animosity between you and the other parent.
Whether you’re recently separated and looking to
learn the basics of types of custody or you’ve had an
open case for years that needs modifications due to
life changes, you can find resources here. FindLaw’s
Child Custody and Visitation section has information
and resources on a wide variety of topics to help you
through your child custody case.
Types of Child Custody
There are several types of child custody. First, joint
custody is where both parents share parental rights
and the living arrangements of their child. Courts
generally prefer joint custody, but sole custody, where
only one parent or guardian has the physical and legal
custody over a child, is a possible arrangement as
well. Physical custody refers to sharing a home with a
child and handling his or her day-to-day care. Legal
custody refers to the right to make important
decisions on your child’s behalf, including those
related to health care, religion, and education.
How to Obtain Custody of Your Child
In most states, family courts determine child custody
arrangements based on what is in the best interests of
the child. So how is that decided? The courts look at a
number of factors in making this determination, such
as the parents’ desire and ability to care for the child,
the emotional bond between the child and both
parents, the adjustment needed if the child has to
move to a new area, and, if old enough, the child’s
wishes.
Frequently, parents or other adults who have raised a
child will be required by the court to take part in
mediation. In mediation, you can discuss what you
want, any problems you’ve had exchanging the child
from one home to the next, and anything else that’s
relevant to the situation. Hopefully, you can come to a
resolution everyone can live with. Otherwise, the
judge may make a parenting plan that neither parent
is happy with. However, it’s important to note that if
there was domestic violence in your relationship with
the other parent, you may be able to skip mediation.
Child Custody Problems
Sometimes issues arise where a parent keeps a child
when it’s not his or her turn to care for the child.
Occasionally, a parent claims a child on their taxes
after it had already been established that the other
parent would claim the child. When these problems
arise, it’s never the solution to stop paying child
support; that will only hurt you in the end. Instead, a
child custody modification may be needed.
Hiring a Child Custody and Visitation Lawyer
Going to court for anything can be emotionally
draining, but for cases involving your child, it can be
extremely difficult to keep calm and ensure
everything you need to tell the judge is covered. With
an experienced attorney advocating for your rights as
a parent, you’re more likely to get the custody and
visitation agreement you and your child want.
WIKIPEDIA
Child custody and legalguardianship are legal terms
which are used to describe the legal and practical
relationship between aparent and his or her child,
such as the right of the child to make decisions and
the parent's duty to care for the child.
Following ratification of the United
Nations Convention on the Rights of the Child in most
countries, terms such as "residence" and "contact"
(known as "visitation" in the United States) have
superseded the concepts of "custody" and "access".
Instead of a parent having "custody" of or "access" to
a child, a child is now said to "reside" or have
"contact" with a parent. For a discussion of the new
international nomenclature, see parental
responsibility.
Residence and contact issues typically arise in
proceedings involving divorce (dissolution of
marriage), annulment, and other legal proceedings
where children may be involved. In
most jurisdictions the issue of which parent the child
will reside with is determined in accordance with
the best interests of the child standard.
Family law proceedings which involve issues of
residence and contact often generate the most
acrimonious disputes. While most parents cooperate
when it comes to sharing their children and resort to
mediation to settle a dispute, not all do. For those that
engage in litigation, there seem to be few limits. Court
filings quickly fill with mutual accusations by one
parent against the other, including sexual, physical,
and emotional abuse, brain-washing, parental
alienation syndrome, sabotage, and manipulation. It is
these infrequent yet difficult custody battles that
become public via the media and sometimes distort
the public's perceptions so that the issues appear
more prevalent than they are and the court's response
appear inadequate.
Forum shopping to gain advantage occurs both
between nations and where laws and practices differ
between areas within a nation, The Hague
Convention seeks to avoid this, also in the United
States of America, the Uniform Child Custody
Jurisdiction and Enforcement Act was adopted by all
50 states, family law courts were forced to defer
jurisdiction to the home state.
In some places, courts and legal professionals are
beginning to use the term parenting schedule instead
of custody and visitation. The new terminology
eliminates the distinction between custodial and
noncustodial parents, and also attempts to build upon
the best interests of the children by crafting schedules
that meet the developmental needs of the children.
For example, younger children need shorter, more
frequent time with parents, whereas older children
and teenagers may demand less frequent shifts yet
longer blocks of time with each parent.