Sharing parenting and decision-making is what it means to have child custody. If it's this, courts typically prefer to see both parents enjoy regular and continuous contact with their children.
Judges also take into account the lifestyle of both parents. Most judges would prefer homes that provide a secure, stable and safe space for children.
Legal custody
The decision of how parents will raise their children after the divorce is one of the most important issues in a divorce. If parents can't reach an agreement, the family court makes the final decision for them based on what is in the best interests of the child. Judges are able to award parental or legal custody or perhaps both. The court may also choose to combine parental time with the power to make decisions. In making their decisions the court has to consider the following elements.
Parents with sole legal custody has the power to decide on the future of their child. This includes the ability to determine the child's schooling, religion, discipline and non-emergency medical needs. Custodial parents are entitled but aren't required to seek advice from the other parent prior to making any decision.
A judge may also look at the preferences of the child when making a decision. But, a judge will take only their preference into account when they are deemed mature enough to understand and take into account other variables. Judges typically only speak to a child when they have attained the age of seven and request their views.
The custody and physical rights of a child is determined on an individual basis. Judges are able to consider a wide range of aspects, such as the proximity of each parent to their child's school. The judge will decide what parent is able to provide the best environment, as well as security and stability for their child. Most of the time, non-custodial parents have the right to visit to have regular contact at home with their kids.
The parent that wants to alter the arrangement of custody needs to demonstrate a substantial shift in circumstances. If the existing arrangement has proved to be beneficial for the child, the judge typically will allow it to remain in place. They wish to provide the child security.
Physical custody
Physical custody, which is often referred to as primary or residential caretaking, addresses who a child shares a day-to-day basis. This can be different from the legal custody that deals in determining the child's rights to matters like education or healthcare. Parents might have physical custody as well as legal custody in the same situation.
A judge typically grants the primary custody to one parent, meaning the children live with that parent most of all the times. It is not a reason to stop any court from granting parents with visitation rights and/or sole physical custody when it's in the best interest of the child. If the parent who is not the primary custodial parent suffers from mental issues or struggles with alcohol or drug abuse for instance, then a court may grant that parent the sole custody of their child. They may also allow supervised visits.
If the parents agree to shared physical custody, they could establish a timetable of the times their child will be with every parent. This may include a schedule which places the child shared with both parents over every other weekend or on a timetable of one week on/one-week off. Judges can also give the child partial physical custody with the child being able to live primarily with each parent and spend the night with the other during school breaks and the summer holidays.
The child custody agreement must address both legal and physical custody. The judge is going to consider many factors when making the decision. These include the history of each parent's position as caretaker, their ability to provide a safe and stable environment at home for the child, whether either parent has special skills or experience that may help when it comes to childcare and which of the parents lives in the district in which their child is currently enrolled or the child's preference (if appropriate) as well as any other pertinent information. It is rare that a judge will grant sole legal custody. However, it can happen in some circumstances where the other parent can't care for the child, or is in risk to the child.
Visitation
The best interest of the child is taken into consideration when making a decision on custody. The decision is made by a court after reviewing various factors, including family life, stability and ability of each parent to provide for their child. Also, it will consider what kind of relationship a child has with both parents and the recommendations of a social worker or other professional. If parents reach an agreement independently or seek a hearing and the judge will not approve a custody arrangement which does not meet children's best interests.
The parent who holds primary custody of the child is the one in the best position However, any parent can be seeking visits rights. A judge will look at the parental agreement that is approved by the court time agreement and decide often, where and for how long the parent with no custody may visit the child.
The judge may also order supervision of visitation. This option is available when the judge is concerned that a noncustodial parent may pose a risk of harm to the child. These visits are supervised by you, a family member, or by a third party.
Most of the time custody and access disputes are resolved at the conclusion of divorce proceedings. If circumstances have changed, but you can file a court petition for a change in visiting or custody. It must be shown that an important change has taken place, and the request must be in the best interests of the child.
The wishes of children are taken into consideration in the process of determining custody arrangements however, the courts place less importance on them over other aspects. The judge must consider whether the child would prefer to reside with a certain parental figure, as well as the extent to which the child feels about that specific arrangement. Child's desires will not be given the same weight in cases where they're unwise. For example, if your child is unable to live with a particular parent in the wake of their addiction or for causing harm.
A court is also able to make child support orders as well as giving decisions concerning custody, visitation and other aspects. The orders must be adhered to by both sides. The non-custodial parents can bring an application to the family court in case the custodial father mother fails to pay child support.
Plan for parenthood
Parents must establish and follow their parenting plans regardless of how they choose to divide up. The aim of the parenting plan is to make sure that both parents are acting in the best interest in the best interests of their children. The plans can comprise provisions that address various issues, like physical custody, legal custody, visitation schedules and extracurricular activities. Parents can hire a consultant to create the parenting plan however, they could also create one on their own. Custody X Change is a free program that is used by parents to aid them in making plans for their children that meet State guidelines and regulations. The tool can be used to make a custody schedule as well as calculate and track parental time, as well as the time spent by third parties. Additionally, it documents any adjustments.
Plans for parenting often contain stipulations on how parents should communicate with each other, via text messages the internet, email or Skype. The plan should also specify how costs such as medical or school costs will be split. It should also specify those who make the final decisions on the welfare and types of child custody health of children, as well as educational and religious education. If parents cannot come to an agreement on their parenting plan or plan of action, they may seek the help of lawyers or mediators to help them resolve disagreements.
Parents must also take into consideration their schedules for work when making arrangements for their custody. One parent who has a very demanding or unorthodox work routine can ask the court to approve a parenting plan that reflects the nature of his or her work. The plan for parenting can contain stipulations regarding child support, indicating which parent pays and how it is to be calculated.
Parenting plans can include clauses which encourage a positive connection between the parent and child. It could also contain provisions that promote an enlightened relationship between children and parents. The parent may also be required to share specific information regarding their child's academic as well as extracurricular activities with the other parents.
An outline of parenting plans is helpful in determining how parents will spend special occasions, like birthdays and Mother's Day and Father's Day. The plan can also define how the holidays as well as other events such as graduations and reunions, will be celebrated. The schedule can be a reminder of the times that children spend time with parents, for example in the summer, or during holiday breaks.