When determining custody of children, judges are guided by what is in the best interests of the child. Judges will take into consideration how stable the house is, each parents' earnings and working circumstances, allegations of child abuse or neglect (including false accusations) and how secure the child will feel in each parent's home environment.
Sole Legal Custody
When a Judge awards sole legal custody to a parent that means only that particular parent has the power and authority to make decisions on aspects like medical care and education, as well as the religious as well as the development of their emotional child. Other parents have the right to visit but are not able to share the decision-making responsibility. The Judge can award sole legal custody and joint physical custody as well as another arrangement. Both parents have to agree in writing. Judges rarely grant sole legal custody but they do so in cases where they think that the parents aren't able to cooperate or work together to decide for the child.
A judge can award joint legal custody, but assign one parent to be the tiebreaker in the event there is disagreement. This is not that different from sole legal custody, but it allows both parents to participate in the decision-making process.
Unless there is evidence of abuse, it's uncommon for judges to award sole physical custody to a single parent. There are situations in which the child's safety may be at risk due to a parent who is not cooperative. This could be either mental or physical. emotional.
If the parent with mental illness like bipolar, depression, or anxiety disorder is unable to care for their child emotionally and physically then a judge may award the sole legal and physical custody for the sole parent. A judge might require counselling or therapy in order to aid the parent with overcoming the issue and being competent to take care of the child's emotional as well as physical health.
The preference of a child is likely to be considered in the event that he/ is old enough and capable of making an informed choice. If this is the case Judges will take into consideration the child's choices as well as other considerations. A Judge will be considering the entire situation.
Shared Legal Custody
If a court awards joint legal custody to both parents, the parent has the right and responsibility to take major decisions regarding their child. These could be things like education, health care, religion and emotional development. This type of arrangement the parents of both are equally involved with their children and it's normal for both parents to share time together on a roughly equal basis.
Even if the judge family law child custody awards joint custody, only one parent will still be responsible for the physical custody. Parents are able to plan to establish a parenting schedule on their own or through mediation or lawyers. A judge could create the parents with a parenting program to follow. Judges are likely to decide to award joint custody in almost all cases unless the evidence shows that the parents aren't able or unwilling to collaborate and develop a plan for parenting which puts the interests of their child first.
Experts in custody agree that any conversation between parents should be restricted to changes in scheduling or matters directly affecting the child(ren). Use these discussions to avoid the pressure of your spouse. Be aware that any parenting decision (e.g. It is equally important to be aware that any parental decision (e.g.
Parents who are unable to decide for themselves can request partial custody. The judge decides who is the primary custody holder and which parent has access rights to the children. It is typical due to the kid's life style, school district or other circumstances make it challenging to split the children's time equally.
Sharing parental duties may seem simple but it is not always easy. for the benefit of children, parents that have shared custody of their physical and legal children have to be able to work together, share information and let go of their disagreements. Some courts set high requirements for parents who seek shared physical and/or legal custody. They may ask them to go through mediation or show that they can co-parent.
Physical custody shared by the Shared
If people are talking about joint custody, they typically mean the same physical custody. That means each parent spends roughly the same amount of time with the child and has the option of staying at home in the evening. Parents who have this type of custody should create an arrangement that is compatible with their lifestyle and the needs of the child. It's not easy when the parent in charge needs to travel frequently or is located far from home.
Other options include sole physical custody. In this scenario it is the case that the child lives with one parent only, receiving supervised visits from the other. The type of custody that is granted to children in this situation can only be granted upon allegations of domestic abuse, violence or neglect is alleged. This kind of custody is not awarded by all courts due to the fact that it may cause stress for parents and their children.
Legal custody is the duty and power to determine a child’s education, health and well-being. One parent might have sole legal custody. However, each parent could share the duty (joint legal custody). A judge might also decide to grant the parent with sole legal custody while imposing visitation rights on the other (sole physical custody).
A judge will consider the above factors in making an appropriate custody decision. The main rule, however should be to consider what is in the child's best interest. It is essential to ensure both parents' involvement in their child's life, unless this does not favor the best interests of their child. Judges generally grant shared custody when each parent shows interest and are capable. This isn't always feasible especially if there are there are domestic violence concerns or other factors interfere with the parental fit. If this is the case then joint or sole legal custody may be best. In such cases it is the decision of the court to set the schedule of visits in which the noncustodial parent will visit the child. The time spent with the child can be either unsupervised (without surveillance) or under supervision based on the specific needs of the child. The schedule is usually created by parents.
Visitation Rights
For any custody arrangement, it is important for both parents to have the chance to interact with their children. This is possible only if the parents are able to work together and come up with a schedule of visitations that suits their lives and the routines of their children. For deciding on the visitation schedule, courts often follow the similar "best interest of a child" guidelines that they use in deciding custody arrangements.
In the event of concern that the noncustodial parents might pose a danger for their child, a court will only allow supervised visits. During supervision visits, the child as well as the parent who is not custodial will be at a designated location while a third party (usually a counselor, social worker or mental health professional) is in charge of their interactions. In some cases the court could also choose to have therapeutic supervised visits where the noncustodial parent is closely monitored by a professional who assists them in improving their parenting abilities.
A court will usually set out a visitation schedule for every parent, which specifies the frequency of visits per week, and how many occasions a year the parents can meet with their children. A common schedule of visitation for kids in the school years is having dinner and a night out with every parent at least once a week. A majority of the schedules will contain dates of holidays or other important events.
The court might allow grandparents, other family members and close friends the right to visit with the parents in some situations. However, the court will usually grant this privilege if grandparents and other family members have evidence that suggests it's beneficial to the child for them to participate with their daily lives.
It is imperative to consider consulting a lawyer prior to making a decision to make a visitation or custody arrangement. An attorney will help you comprehend the various forms of child custody options and design a schedule that is most favorable for your child. Furthermore, in the event that your circumstances change and you believe that it's good for your child's interest to amend the current custody/visitation arrangement, the attorney may submit a request to the Court.