Judges have to decide who should keep a child and how often they should visit the child. When there's a domestic incident, a judge may decide to limit or suspend visitation if he believes that children are in danger.
Most judges will look at the following when making custody decisions.
What Kind of Child Would You Like?
In over thirty states, judges are able to take into account the wishes of children when deciding custody. The courts differ in how they approach children's interviews and the weight that they place on those opinions. Others have established the minimum age at which the preference of a minor is thought to be taken into account. Others only consider children's opinions if they comes from reliable data and mature judgment.
In many instances, the judge will interview the child on their own, in chambers in which the parents are not present to allow the child to speak freely without fear of offending the parents. Both the child and parents are likely to be emotionally involved but the judge needs to understand as much about their relationship and what they want from each other.
The court will give significant weight to the preferences of an older child. Judges are more likely to prefer the parent who maintains consistency in their child's life such as schools, neighborhoods, religious activities and social interactions. They'll also be more inclined to accept children's viewpoint as long as the judge knows the child's character that can enable them to reach an informed decision.
A possible exception is in the case of parental abuse. The courts usually consider any indication of psychological or physical abuse as serious and could award custody to parents who are not involved in abuse. The law defines "abuse" broadly, which includes any form of neglect which could cause lasting harm to a child. The smallest psychological stress from living in a toxic environment can have devastating effects for the longer term.
What is the child's requirement?
When deciding custody, courts consider the needs of the child. A judge decides if the parent meets the psychological, intellectual as well as social needs of the child, in addition to providing a safe and secure environment.
In determining custody rights, court will favour the parent who are the primary parents of their child. This helps to minimize disruption and helps the child adapt more quickly to the new environment. In addition, the court will take a look at the stability of every parent's household and income. A well-established, steady life style is generally preferred to an unstable or chaotic home situation.
The extent to which a person's parent is involved in the child's education is also crucial to the courts. Parents who are more engaged in their child's education are likely to be preferred over the parents who haven't been in the same way. A judge may also take a examine the capacity of each parent to nurture and develop the child's social and emotional wellbeing. This is contingent on a desire to come out against differences with other parent and to commit to the child's happiness.
A court might also be able to consider any evidence that suggests a parent could pose an imminent threat to the security or well-being of the child. It could be a case of domestic violence, or any other criminal charges involving the child. Safety of children is paramount as judges put the child's needs first other considerations.
Begin a parenting journal to take note of all your interactions with the child. It's an effective way to demonstrate that you're in a good relationship with your child as well as an affectionate, loving parent. It will assist your attorney make a convincing case for you at court. Bring along any crafts you made with your child you or any tangible proof of the relationship between you.
Children's rights
The court determines the way parental rights and responsibilities are divided when a parent gets custody. Remember that a judge must consider the needs of both parents in addition to the child. The ultimate goal is to offer the child as much security and stability within their lives as is possible.
In the sense of law, "parental rights" and "responsibilities" include the authority to make choices and the time spent by parents with their children. This power of decision-making is referred to in legal terms as "legal custody." It includes the authority to make decisions on the child's educational needs, health, extracurricular activities, and religious beliefs. It is possible to share the responsibility of decision-making by the parents (joint legal custody) or delegated to one parent (sole legal custody).
Physical custody is the word used to describe the arrangements wherein a child is allowed to stay at the home of both parents. This can be split equally between the parent (joint physical custody) or given to a single parent (sole physical custody). The courts will take into account the safety and location of the house to determine which parent is the primary custody. They also take into consideration the availability of daycare or other options for childcare, the nearness of schools, as well as the ease of access to others in the family.
The court also takes into account the preferences of children, based upon their age and maturation. The parents may speak to kids to determine what they prefer to live in and how long they want to spend with their parents. Judges can also hear their opinions through the testimony of a third-party evaluater. If parents are able to reach an agreement over their own custody arrangements and the court accepts the agreement unless they believe that it's not in the child's best interest.
The Child's Safety
The primary concern of any judge who decides to award custody is the child's safety. If the judge believes that the child's parent is not secure they will normally order an assessment by an expert like a psychologist. Judges typically will take the conclusions of these evaluations with a lot of respect. The judge will scrutinize both parents and decide on who gets physical custody (where the child is going to live) and who will have legal custody (decision-making power over things like education and health care).
The past was when judges frequently awarded custody to the mother. However, the law of the state make it mandatory for judges to make their decisions based on what is ideal for the child. Men who believe they deserve primary physical custody as much as mothers are able to request the court to give them custody, if they can convince the judge to do the same. Judges are also looking at other factors including whether the parents can ensure a safe and stable environment, if both parties take on full-time work and assist by assisting with activities that are after school, as well as the evidence of abuse committed by both parties. Judges are more likely to grant custody if a parent is suffering from a severe mental illness, or is suffering from a alcohol or drug trouble.
Once a judge awards custody, it's the responsibility of each party to follow the order. If they don't follow the order, the consequences could be severe. If, in certain situations an uncustodial parent is repeatedly in violation of the agreement on custody and visitation for example, making it late to pick up their children, or taking children outside of the state or country without the permission of the judge, the judge might issue an enforcement order against that parent. The judge could also contemplate the issue of a security bond to assure that the noncustodial parents bring the kids back.
What's the connection between the child and each parent?
If they are making decisions regarding child custody, court must look at a child's relationship to each parent. Ideally, children should be allowed to build positive relationships with all parents as well as develop bonds lasting into the ages of adulthood. To prevent this from happening, the majority of judges favor joint custody. If parents are unable to reach a mutually agreeable arrangement on their own, the court will determine what is in the best interests of the child examining the evidence presented at different hearings.
If deciding the child custody custody of child arrangement, the judge will usually have an assessment done of the children's mental and emotional well-being with a trained professional like psychologist. The psychologist could meet with the child and parents, conduct tests, and hear testimony from witnesses during the assessment procedure.
The court determines which parent will be the primary caregiver of the children (residency) as well as who will be given legally-bound custody, or the authority to take decisions regarding the child's education, health, well-being and his religious beliefs. If a court gives only physical custody one parent, that parent is the primary caregiver and be able to oversee visitation by the non-custodial parent and any other designated caregivers. If the court awards sole legal custody to one parent, the parent awarded it will have the right to choose the conditions for the education of the child, and can consult the other parent.
In some instances courts may choose to appoint one as a guardian in order to ensure the child's interests. The guardian is appointed attorney who investigates the situation so that they can advise the judge on the most appropriate arrangement for custody of the child. Parents may also submit an application to alter the custody arrangement or schedule of visits, however to be able for the court in order to make a decision, they have to prove that there has been an extensive change in circumstances.