The concept of shared parenting and the power to make decisions is what it means to have child custody. In the case of child custody, it is generally preferred to have both parents in frequent contacts and constant contact with their children.
The judges will consider both the parents' living situations. A living space that is safe, stable and comfortable for a child tends to be preferred.
Legal custody
The decision regarding how parents rear their children following the divorce is one the biggest issues to consider in the divorce process. If the parents cannot reach an agreement with their family courts, they is able to make a decision on behalf of they based upon what's within the best interest of the child. The judge can grant either physical or legal custody or both. They can decide to award the child a mix of parental time and decision making authority. The court will look at various aspects when taking these decisions. These include the following.
The parent who has sole legal custody is able to decide on the future of their child and can decide on matters related to religious beliefs, education and discipline as well as other medical attention. The parent with custody has the right to consult with another parent while making such decisions, however they are not obligated to make such a decision.
When making a ruling the judge takes into consideration the viewpoints of a child. A judge will only take into account the opinions of children in the event that they are mature enough to weigh their views against the other elements. The judge will typically interview a child if they are over the age of 7 and inquire about their personal preferences.
The physical custody of a child is decided in a way that is individualized. Judges will consider a variety of factors, for example, the location between their homes as well as the child's school. Judges will also take a look at the parent who is able to ensure a stable and secure environment for the child. Non-custodial parents will generally receive visitation rights to ensure that they can spend meaningful time with their child on regularly.
If a parent wants to change the custody arrangement they need to demonstrate a significant modification in the situation. A judge is usually inclined to keep the existing arrangement, if it is successful to the benefit of the child. They wish to provide the child security.
Physical custody
Physical custody, also often referred to as primary or residential caretaking is about who the child lives with on every day basis. This differs from legal custody, which deal with the authority to make decisions about matters like education or healthcare. Sometimes, parents can share both physical and legal custody in the same arrangement.
Most of the time the judge will grant primary physical custody to one parent. This means that the child lives with this parent the majority of the times. But, this doesn't hinder the judge from giving one parent visitation rights or even sole physical custody when it is believed to be in the best interests of the child. If a parent who's not the parent with custody has problems with mental health or substance abuse, for example the court could allow that parent to have sole custody of the child as well as allow supervision visits.
Parents may decide to establish the custody of their children shared, where they determine a plan for the time children will be with each parent. Some examples of this include a weekly schedule that has the child in the home of each parent for alternating weekends, a week time off/on schedule or an alternating holidays schedule. A judge can also award the child a partial joint custody. It means the child will live in the home of one parent while spending time with another on weekend, on school holidays or during summer vacations.
The child custody agreement is required to cover both legal and physical custody. A judge will look at a variety of factors when making this determination, including the previous history of each parent as a caretaker, each parent's ability to create a secure and stable living environment to the child. It is also important to consider whether either parent has special skills or expertise that could assist with childcare and which of the parents lives in the school district where children are currently or the child's needs (if suitable), and additional information that is pertinent. A judge rarely grants sole legal custodial rights, however, it could be required when one parent is not able to care for their child or poses danger to the child.
Visitation
The child's best interests are the primary consideration when determining custody. child is the primary consideration in choosing custody. The court is able to make this determination by looking at a number of aspects, including each parent's lifestyle and stability and their ability to look after the child. The court will consider the relationship between children and parents as well as any advice from a professional or social worker. If parents reach an agreement independently or have a court hearing and the judge will not support a custody plan which is not in the best interests of children.
Parent with the primary custody is in a stronger position, but either parent may want to be granted access rights to visit the child. The judge will take into consideration the parenting arrangement that was approved by the court to decide how often the child can be seen, and where. non-custodial parents can see their children.
The judge may also direct to supervise visitation. This option is available when the court has valid concerns that a noncustodial parent may be a danger to the child. Visits with supervision can be scheduled through you, your family member, or by a third other party.
In most cases custody and access issues are determined at the conclusion of divorce hearings. But, in the event that circumstances have changed, you are able to apply for change of custody or visitation arrangements with the justice of the court. The court must establish there is a substantial change been made and that the petition must represent the highest interest of the child.
The wishes of children are taken into consideration in the process of determining custody arrangements however the courts do not place more weight on them as compared to other elements. The judge is going to consider whether or not the child is strongly in favor being a part of a family with one parent and how much they believe that the arrangement is beneficial to them. A child's preferences are considered less important if they are unwise. As an example, your child is unable to live with a particular parent due to their use of drugs or spoiling.
A court is also able to make child support orders as well as taking decisions regarding visitation, custody and other issues. The orders must be adhered to by both parents. Non-custodial parents may file a complaint to the family court if the custodial father or mother does not pay child maintenance.
Plan for parenthood
Regardless of how parents choose to split, it's important for them to create and adhere to a parenting program. It is crucial that parents adhere to the parenting plan to ensure they're doing everything in their child's best interest. The plan can include provisions that address various issues, such as physical custody, legal custody as well as visitation times and other extracurricular activities. Parents are able to either engage professionals or make their own parenting plan. Custody X Change is a online tool which can be employed to aid parents in developing plans for their children that meet State guidelines and regulations. It is also a great tool to design a calendar of custody that records and calculates parenting timing and the time of third-party parties and record modifications.
The plans for parents often have stipulations on how parents should communicate with each other, via text messages, email or Skype. It is important to specify how expenditures such as medical or school expenses will be shared. The plan should identify who will make the final decisions regarding education, welfare and health. If parents cannot agree on their parenting strategy or plan of action, they may solicit the assistance of an attorney or mediator for child custody attorney help in settling their disputes.
When creating a parenting plan, parents should consider the schedules of both parties. Parents who have demanding schedules or with other jobs that are not typical can demand the court accept a parenting arrangement that is reflective of the situation. The parenting plan could also specify child support and the parent who will be responsible for it.
A parenting program can include provisions that promote an enlightened relationship between the child and parents. The plan can also include clauses that help to foster an environment that fosters a positive relationship between children and parents. Furthermore, the parent can be required to share data about their child's growth in extracurricular and school activities with the other parent.
It's important having a plan of parenting to ensure parents can determine which holidays they'll be celebrating, like Mother's Day, Father's Day or birthdays. The plan for parenting can define the manner in which holidays will be spent and how certain events, like reunions and graduations are celebrated. Also, it can provide a timetable for when kids are expected to be with their respective parents like summer breaks and holiday breaks.