Child custody refers to the obligation to nurture, supervise and educate a child. Often, establishing child custody in a divorce or separation are often the toughest challenges parents must encounter. Decisions regarding child custody are always based on the best interests of the child.
Best Interest of the Child
In order to determine the best interests of a child, there are many factors to be considered such as the age, gender, mental and physical health of the child, the parents’ health condition, the parents’ lifestyle and other social factors, emotional ties between parent and child, the ability of parents to provide food, shelter, clothing and medical care, the quality of schools in a given area, preference of the child if the child is over 12, the ability and willingness of the parent to promote a healthy relationship between the child and the other parent and the security of the environment.
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Types of Custody
The two types of child custody are physical custody and legal custody. Physical custody appoints where the child will actually reside and assigns a parent the right and responsibility to make everyday decisions concerning the child. Joint physical custody does not indicate accurate division of time with each parent but can be based on reasonable time with each parent.
Legal custody means the right and responsibility to decide on significant issues affecting the child such as health, education and welfare. Joint legal custody means that both parents share the rights and responsibilities to make these decisions for the child but they should consult one other as much as possible.
The non-custodial parent is given visitation rights in most cases, which may include weekends, parts of vacations and other occasions. The court can always modify custody if circumstances demand. The court can award joint, physical and/or legal custody if the parents agree.
Child custody rights and responsibilities specify who will have legal and physical custody of the child. Child custody rights are given to parents, step-parents, grandparents, and other legal guardians as determined by a family court judge. Legal decision in child custody rights cases favor biological parents who are considered suitable guardians. Child support payments will also be determined in child custody rights cases if applicable.
Parents can basically determine child custody rights when there are no major disagreements in the terms sought by each party. Mediation is a process by which a neutral third party intervenes to facilitate decisions about child custody rights. When a child custody agreement is made through mediations and approved by a judge, the terms of this parenting plan will be upheld. On the other hand, when there are disagreements over child custody rights, the case will be heard by a judge who will ultimately decide on child custody rights.
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When a judge hears a child custody rights case, several factors are taken into account when making a decision. Often, courts will rely on the expert testimony of a psychologist who will evaluate child custody rights options by looking at relevant factors such as past parenting behavior, the child’s age, the child’s preference, the amount of time a parent can devote to properly raise a child, stability of the household, financial considerations, and other details.
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