Judges are required to determine which parent is responsible for a child's care as well as how frequently each parent is allowed to see the child. The visitation can be controlled or denied altogether in cases in which a judge thinks it may put children in danger, for instance for a domestic violence situation.
In general, when making custody decisions, judges consider the following things.
What Kind of Child Would You Like?
In more than 30 states, there are law that allows judges to take into consideration the desires of a child as part of the custody decision. Courts differ on the way they conduct interviews with children and the weight they accord to the opinions of children. Some courts have set a minimum child age for which the preference of minors is considered. They only have to consider children's opinions if they has been based on reliable information and mature judgement.
The judge will often interview the child in a private setting with no presence from parents to ensure that the child can be free to speak openly and freely in the absence of fearing reaction by either parent. Both the child and parents are likely to be emotionally involved however the judge has to be aware of their relationship and what they're in need of.
If the child has reached a certain age that their preferences carry a significant amount of weight in court. Judges are more likely to choose the parent who keeps the consistent nature of their child's education the community, religion, or acquaintances. Judges are more likely look at a child's opinions if they're familiar with their opinions thoroughly. This can make it easier for them to reach an honest decision.
This is not the case when there has been parents' abuse. A judge will take any instances of evidence of psychological or physical abuse very seriously, and may award custody to an adult who is not violent. Law defines abuse broadly as any kind of neglect which can harm children in the long run. The smallest psychological strain caused by living in a place that is toxic can cause the long-term harm.
What is the child's need?
Courts consider the child's needs when making decisions about custody. The judge will decide if parents are able to provide for the child's emotional physical, intellectual and social needs, as well as ensure an environment that is safe and stable to the child.
In determining custody, the courts will favor the parents who are the primary parent of the child. This reduces disruption and helps the child be more comfortable in their new surroundings. Courts will consider the income and the stability of both parent's households. It is generally preferred to live in a stable and solidly established life style over a volatile or chaotic home.
If a parent has participated in educating their child is also crucial to the courts. Parents who are involved with their children's academic progress are likely to be preferred over the parents who haven't been more involved. Courts may consider the parents capacity to help develop as well as nurture the psychological and social wellbeing of their children. The court will also consider the ability of every parent to support and develop the emotional and social well-being of the child.
The judge will also look at any evidence that one parent poses a threat for the child's safety or wellbeing. It can be evidenced by a record of domestic violence or serious criminal convictions involving the child. The safety of children is an important concern as judges put the interests of children above all else.
Keep a journal of your parenting style and every interaction you have with the child. This is an excellent means to show you are able to build a solid bond with your child and are an affectionate, loving parent. Your lawyer can help to make a stronger argument in court if you do this. Bring any child custody art work that your child has made for your benefit, as well as tangible evidence of your connection.
Children's rights
The court will decide how parental rights and obligations will be assigned when one parent is granted custody. The judge must consider the wishes of both the parents and child. In the end, the aim is to provide for as much security as is possible for the child's life.
The term "parental rights and parental responsibilities" is a reference to the power of decision-making in addition to the time that parents spend in their homes with children. This power of decision-making is known legally as "legal custody." This includes the power to take decisions on the child's educational needs, healthcare, extracurricular activities and religious belief. The responsibility for decision-making can be divided between the parents (joint legal custody) or given to a single parent (sole legal custody).
Physical custody refers to the phrase used to describe the situation in which a child is allowed to stay at the home of both parents. The time can be divided equally by the parent (joint physical custody) or awarded to one parent (sole physical custody). The courts consider the safety as well as the area of the house to determine which parent is the primary custody. They also take into consideration the possibility of daycare facilities or other childcare options, the accessibility to schools as well as the accessibility of others in the family.
The court will also consider the preferences of children, based on their age and level of maturity. They may talk to the youngsters to discover what they prefer to live in as well as how much time they'd like to spend with each parent. In addition, judges can consider their views through the testimony of an outside assessor. The court won't overturn a parent's agreement with regard to the custody plan, unless they're able to do so or if the judge thinks that it is not in the best interests of their child.
The Child's Safety
One of the main concerns for any judge who decides to award custody to a child is their safety. The judge will require an evaluation from psychologists if they believe that the person in question is unsafe. These assessments are usually respected by judges. The judge will look at both parents and decide on who will get physical custody (where the child's home will be) and who will have legal custody (decision-making power over things like health and education).
In the past, judges often awarded custody to the mother, but state laws now require that judges base their awards on what's most suitable for a child. Individuals who believe that they should have primacy physical custody in the same way as mothers can apply to the court for permission to grant the right, provided they can convince the judge to do so. Judges will consider whether both parents are able to maintain a secure family, and also whether they have the ability to help with events after school. They may even examine evidence to prove that one parent is abusive to the child. The presence of severe mental illness and substance or alcohol abuse can drastically reduce the chances that a judge will give custody to one parent.
The responsibility of each party to follow court orders when a custody order was made. Anyone who doesn't adhere to the order is accountable for their actions. When a parent who's not custodial violates the agreement repeatedly such as by being at a later time to collect the child or taking them out of country without permission, or even taking them abroad and not having permission, the court might issue an order. The judge could also contemplate making a bond in order to ensure that the noncustodial parent is able to take the child back.
The Child's Relationship to Each Parent
When making decisions about child custody, court must look at a child's relation to each parent. In an ideal world it's best for children to develop strong bond with their parents, and develop relationships that last long into adulthood. This is why judges typically prefer joint custody whenever possible. If parents are unable to come to an agreement about a custody plan and the judge decides the best interest of the child through examining documents at various hearings.
A certified psychologist will be asked by the court for a review of the mental and emotional well-being of children prior to deciding on custody. For the purpose of this evaluation, the psychologist will meet with both the parents and children, conduct tests and testify before a witness.
The court will decide which parent should receive physical custody (residency) and legal custody, or the right to decide in relation to the child's education or health and welfare and their religious development. If a court gives only physical custody one parent that parent will be the primary caregiver, and will have the power to direct visitation by the non-custodial parent or other authorized caregivers. If a judge grants sole legal custody, the parent granted it will be entitled to make the final decision regarding the care of the child, and may consult with the other parent.
The court is able to appoint guardians on ad-litum basis to advocate for the best interests of the child in certain situations. The guardian is an appointed attorney who investigates the situation in order to inform the court of the best care plan for the child. The courts also have the right to allow parents to petition for an alteration in custody or visitation when they are able to prove that there has been a significant change in circumstances.