Judges are required to determine which parent must be allowed to keep the child, and when each parent is allowed to see the child. Visitation may be supervised or denied altogether in cases where a judge believes it would put the child in danger, such as with a home violence case.
Most judges will examine the following aspects in making custody decisions.
What is a child's dream?
In more than 30 states, the courts can look at the child's preferences when making a decision about custody. The courts differ in how they approach children's interviews and the weight they accord to the opinions of children. Other courts have established an age-minimum for where the preferences of a child is taken into consideration. Some only take into account a child's opinion if it has been based on reliable information as well as mature judgement.
The judge may interview the child privately in the absence of parents so that the child is free to express himself freely and openly and without worrying about the reactions by either parent. It's an emotionally charged experience for parents and children, but it's essential that the judge is able to find out the most information possible about the child's relationship with each parent and their needs.
The court is likely to give an important weightage to the needs of children who are older. Judges tend to vote in favor of a parent that can maintain consistency in their child's life such as school, neighborhood, religious or social life, and so on. They are also more inclined to accept children's viewpoint as long as the judge knows the child's needs that can enable them to come to an impartial decision.
A possible exception is when it comes to parents' abuse. A court will consider any evidence of physical or psychological abuse very seriously, and may award custody to an adult who is not abuser. The law sets out the definition of "abuse" broadly and covers the kind of carelessness that could result in long-term harm to children. Although it may seem like a minor mental affliction, from living in a toxic environment can have devastating effects in the long term.
The Child's Needs
When deciding custody, courts consider the needs of the child. The judge determines whether the parent is able to meet the mental, emotional and social requirements of the child in addition to providing the child with a secure and safe environment.
When deciding custody arrangements, judges tend to favour parents who were the primary caregiver for the child. This helps reduce the stress to the child and makes it much easier for parents to adjust to the changing circumstances. The judge will also take a examine the stability of each parents' household as well as their income. An established, stable way of life is often preferred over a chaotic or unstable home situation.
The degree to which a parent has been involved in their child's schooling is also important for the judge. Parents who are more engaged with their children's academic progress tend to get a higher rating than those who have not been as involved. The judge could also look at the ability of each parent to nurture and help develop the child's psychological and emotional wellbeing. The court will also consider the ability of parents to take care of and improve the emotional and social wellbeing of their child.
A judge may also take into consideration an evidence showing that a parent may pose a threat to the safety or health of the child. A history of domestic abuse or criminal charges against a child can be taken into consideration. Security of children is a top priority and a judge must always take into account the child's best interests the child above any other factors.
Make a note of your parenting style and every interaction you have with the child. It's a good opportunity to prove that you're a kind, caring parent who has a strong bond with your child. This will help your attorney build a more compelling case to present in court. Bring any crafts that your child made for you or another tangible evidence of your bond with the child.
Children's rights
When a parent is awarded the custody of their child, the court has to decide the best way to divide parental rights and responsibilities. Keep in mind that the judge will take into account the desires of both parents and the child. The goal of all is to provide the child with the best stability possible in their daily life as they can.
Legally, "parental rights" and "responsibilities" are the power to decide and the time spent by parents and their children. Decision-making power is what is referred to in legal terms by the term "legal custody." This includes the power to take decisions on the child's educational needs, health, extracurricular activities, and religious belief. The decision-making power can either be split between parents (joint custody) or granted solely to one parent (sole custody).
The term "physical custody" is that describes the situation in which a child has the privilege of staying at both parents' homes. It may be shared by the parents (joint physical custody) or granted to a single parent (sole physical custody). To determine which parent is to be the primary home of the child, the court will look at the safety of the house and located in a convenient area. The court will take into account the location of the home and whether it is secure and situated in a suitable place. The courts may also take into account access to other family members or the presence of the childcare facility.
The court also takes into account the wishes of children based upon their maturity and age. The court could ask children where they'd prefer to live and what length they'd prefer to stay with either parent. Judges may also listen to the opinions of the children via testimonies of a third party evaluation. If parents are able to reach an agreement regarding the custody arrangements themselves then the court is likely to uphold this arrangement, provided it's not convinced that it is not in the best interest.
Safety of the Child
The judge that grants custody is concerned with the safety of their child. If the court thinks that the child's parent is not secure the court will usually request an assessment from someone such as a psychologist. These evaluations are normally accepted as fact by judges. Each parent will be taken into consideration by the judge as they decide who has physical custody over their child (where they'll be living) and also who has legal custody (decisions on issues related to healthcare, education and many other things).
In the past, judges often awarded custody to the mother, but state laws make it mandatory for judges to decide on the best option best in the best interest of their child. That means that fathers who think they're just better than mothers for sole physical custody may seek it out when they are able to convince a judge to grant them custody. uniform child custody jurisdiction and enforcement act Judges look into other aspects like whether the parent can ensure a safe and stable environment, if both parties are employed full time and help with school activities after hours, as well as the evidence of abuse committed by the other party. Judges are less likely to grant custody if a parent has severe mental illness or has a substance abuse problem.
When a judge grants custody, it is the duty of all parties to abide by the court's order. If they don't follow the order, there will be consequences. In some situations, if the noncustodial parent continues to violate the agreement on custody and visitation like being late for pick-ups or taking children away from the country or state without the permission of the judge, the judge may issue an enforcement order against the parent. In addition, the judge could place a bond in order to assure that the uncustodial parents will be able to return their children.
What's the relation between the child and each parent?
When deciding on child custody, courts are required to consider the child's relationship with the parents. Ideally, children should be given the opportunity to establish healthy relationships with each parent and build bonds which last throughout adulthood. This is why judges generally prefer joint custody whenever possible. In the event that parents do not agree on a custody arrangement however, the court will decide the most beneficial interest for the child by evaluating the evidence at the various hearings.
When making decisions about child custody arrangements, the judge will usually conduct an evaluation of children's mental and emotional well-being by a qualified professional, such as psychologists. For the purpose of this evaluation that the psychologist conducts, he will sit with parents as well as the child, administer tests and testify before a witness.
A judge decides on which parent has physical custody your child (residency) and which parent is entitled to legally-bound custody, or the authority to make decisions concerning the child's education, health, well-being and his religious beliefs. If a court awards sole physical custody over an individual child to one parent and that parent takes over as the primary caregiver. Additionally, they have the authority to supervise the visits from the additional parent or caregivers who are authorized. In the same way, if a judge gives sole legal custody to only one parent, the parent will have the right to decide on the development of the child but will consult with the other parent before making any decisions.
The court is able to appoint guardians ad litum to represent their best interests for the child in some situations. A guardian is an attorney who is appointed to look into the circumstances of the family and advise the court about the custody arrangements that are appropriate for the child's needs. Courts also permit parents to apply for an alteration in custody or visitation in the event of significant changes in circumstance.