The judge is required to determine which parent is to be the primary caregiver as well as how often that parent is able to see their child. Visitors may be monitored or even denied in instances where a judge believes it puts children at risk, such as with a home violence case.
In general, judges take into consideration the following factors in deciding custody.
The Child's Dreams
In over 30 states, the courts can take into account the wishes of children in deciding on custody. The courts vary on the way they conduct interviews with children and the weight they assign to those opinions. There are other courts that have established an age-minimum for where the preferences of minors is to be considered. Others only consider the opinion of a child if they are convinced that the opinion is founded on solid information and mature judgment.
There are times when the judge will interview the child by himself, in a chamber without the parents present so the child can speak freely without fear of displeasing either parent. Both the child and parents are likely to be emotionally involved however, the judge must learn as much as they can about their relationships and the things they're in need of.
The court will give an important weightage to the needs that an older child has. Judges are more likely vote in favor of a parent that can maintain an orderly life for their children that includes religion, schools, neighbors, activities and social interactions. They are also more inclined to listen to a child's opinion when the judge knows the child well and can assist them to take a more objective view.
It isn't the case where there is parental abusing. The court takes any instances of evidence of psychological or physical assault seriously, and can award custody to the parent who isn't violent. The law provides a definition of "abuse" broadly, including any form of neglect which could cause lasting damage to children. Even minor psychological stress caused by living in a place which is harmful can result in lasting damage.
What is the child's need?
The courts consider the needs of children when making decisions about custody. A judge decides if an individual parent is in a position to satisfy the child's emotional, intellectual, social and physical demands as well as create an environment that is safe and stable for their child.
In determining custody rights, court will favour the parent that were the primary parents of their child. This helps to minimize disruption and helps the child be more comfortable in the new environment. Courts will consider the income and security of the parents' households. A well-established, steady life style is generally preferred to a chaotic or unstable home and family environment.
The court is also able to determine whether or not the parent had a hand in the education of the child. It will prefer parents who have an active part in their children's schooling. The courts may look at the parents in their ability to build as well as nurture the psychological and social wellbeing of their children. Also, the court is going to consider the capacity of every parent to care for and improve the psychological and social health of their child.
The court will also examine any evidence suggesting that one parent is a danger to a child's safety and wellbeing. It could be a case of domestic violence or other legal charges that involve the child. Children's safety is of paramount importance as judges put the interests of children above other considerations.
Make a parent-child journal to keep track of all your interactions with the child. It's an effective opportunity to prove that you are able to build a solid bond with your child, and that you are a loving and caring parent. The attorney you hire will be able to make a stronger argument at trial if you demonstrate this. You can even bring crafts you made with your child to you, or any other evidence of your friendship with the child.
The Child's Responsibilities
When a parent is awarded parental rights to a child the judge will determine the best way to divide parental rights and obligations. Remember that the judge will take into account the desires of both parents as well as the child. At the end of the day, it's about to create as much stability as possible to the child's existence.
In the sense of law, "parental rights" and "responsibilities" can be defined as the ability to make choices along with the amount of time by parents and their children. The power to make decisions is defined legally by the term "legal custody." This includes the power to take decisions on the child's educational needs, medical care, extracurricular activities and religious beliefs. The power to make decisions can be split between parents (joint custody) or assigned only to one of the parents (sole custody).
The term "physical custody" is that describes the arrangement whereby the child spends time at both parents' homes. Physical custody may be evenly divided between the parents (joint custody) or solely be assigned to one parent. In determining which parent should reside in the home with the child, the court will look at the security of the residence and located in a safe area. They will also look at the accessibility of daycare and other alternatives for childcare, proximity to schools and accessibility to other family members.
The court takes into account the wishes of children based on their age and maturity. The court may ask children where they'd prefer to live and what length they'd prefer to spend with one parent. In addition, judges can hear their opinions through an independent assessor. The court is not able to change a parent's consent to a child custody arrangement if they can do so themselves or if the judge thinks that the plan isn't in an interest that is in the best interests that the child.
Protection of the Child
The most important concern for a judge who grants custody to a child is their safety. The court will order an evaluation from psychologists when it feels that the parent concerned is in danger. Judges typically will take the findings of these assessments seriously. The judge will look at the parents in order to determine who gets physical custody (where the child will live) and also legal custody (decision-making power over things like healthcare and education).
Judges in the past would award primary physical custody of the children to the mothers. But currently, the state has laws that require judges make their decisions based on the interests of the child. This means that men who feel they are better than mothers to have the primary custody of their children can apply for custody in the event that they convince the judges to grant them custody. Judges will consider the possibility that both parents will be able to sustain a secure family, as well as whether they are able to assist in events after school. The judge may also consider evidence that shows one parent has abused the child. Severe uniform child custody jurisdiction and enforcement act mental illnesses and severe dependence on alcohol or drugs can dramatically reduce the probability that a judge will grant custody to parents.
Once a judge awards custody, it's the obligation of every party to comply with the ruling. Anyone who doesn't adhere to the order is accountable for their actions. If a parent that is not the custodial parent, violates this agreement on a regular basis, for example by arriving at a later time to collect the child, or dispersing them from the country without permission, or even taking them abroad The court could issue an order. Judges may also look into setting up a bail to guarantee that the parent who is not custodial will take the child back.
The Child's Relationship to Each Parent
When making decisions about child custody, the judges must take into consideration the child's relation to each parent. In the ideal scenario, children are given the opportunity to establish positive relationships with all parents and develop relationships that last into adulthood. In order to avoid this from happening, the majority of judges favor jointly-custodial arrangements. If the parents cannot meet on a custody agreement, then the court determines the best interest of children by looking over the evidence at the various hearings.
A licensed psychologist is consulted by the court for a review of the emotional and mental well-being of children before deciding on custody. For the purpose of this evaluation psychologists will have meetings with parents as well as the children, conduct tests and testify before a witness.
A court decides which parent is in charge of the physical custody of your child (residency), and who is entitled to the legal right to make decisions about his health, education and welfare and religion. If the court grants the sole custody of physical possession to one parent that parent is the primary caregiver, and will have the right to supervise visitation by the non-custodial parent and any other designated caregivers. If a court awards sole legal custody to the parent who is solely responsible, that parent will have the right to take decisions regarding the child's upbringing, but may consult with another parent before making the decisions.
In some cases, the court may appoint an ad litem guardian to represent the child's best interests. A guardian is an appointed attorney who investigates the situation so that they can advise the judge on the most appropriate care plan for the child. The courts also have the right to allow parents to request changes in custody and visitation if they can prove an important change in circumstances.