The judge will decide which parent should be the primary caregiver as well as how often the parent will see their child. It is possible to have supervision or altogether refused in the event when a judge feels it may put children at risk, such in a relationship violence.
In general, when taking the decision about custody, judges consider the following elements.
The Child's Wishes
In over thirty states, judges are able to take into account the wishes of children in making decisions about custody. But, courts differ extensively in their methods of interviewing kids about their wishes as well as the weight they assign to those expressed opinions. There are other courts that have established the minimum age at that the choice of a minor is taken into consideration. Some only take into account the opinion of a child if it is based on accurate information and mature judgment.
In many cases, the judge might interview a child on their own, in chambers, with the parents excluded to allow the child to speak freely, without having to worry about displeasing either parent. Both parents and the child are likely to be emotionally involved but the judge needs to learn as much as they can about their relationship and what they're in need of.
If your child is older than the child's expressed opinions will have a lot of importance in the courtroom. Judges tend to be in the favor of a parent who can ensure continuity in the child's life including schools, neighborhoods, religious activities and social interactions. They'll also be more inclined to accept children's opinions as long as the judge knows the child's character, which can help them reach an informed decision.
It isn't the case in cases of parental assault. The courts usually consider any hint of psychological or physical abuse very seriously, and could award custody to the parent who is not abusive. Law defines abuse broadly to include any type of carelessness that can hurt a child in the future. The smallest psychological stress from living in a toxic setting can cause devastating harm in the long-term.
What is the child's needs?
When deciding custody, courts examine the child's needs. child. The judge will decide if the parent can provide for the child's emotional physical, mental and intellectual needs as well as provide an orderly and secure home for the child.
In deciding on custody arrangements, the courts usually favor parents who have served as the primary caregiver of the child. This helps reduce the stress for the child and makes it easier for them to adapt to their changing circumstances. Courts will consider the income and stableness of both parent's household. It's preferential to live a steady, settled lifestyle than an unstable or chaotic household.
The extent to which a person's parent was involved with the child's educational progress is also crucial to the court. Parents who have been more involved to their children's progress academically are more likely to be considered superior over the parents who haven't been as involved. Courts may consider the parents' ability to develop as well as nurture the emotional and social well-being that their kids. It is a matter of willingness to resolve differences with the other parent and a commitment to ensure the happiness of the child.
A court may also consider the evidence to determine if a parent is an imminent threat to the security or well-being of the child. The history of domestic violence or charges of criminality against the child might be taken into consideration. Child safety is a priority as judges put children's interests first over anything else.
Start a parenting journal and be sure to record your interactions with the child. It's an effective way to demonstrate that you have a strong bond with your child and are a caring, loving parent. Your lawyer will be able to make a stronger argument when you show this. Bring along any work of art you made with your child your benefit, as well as tangible evidence of your bond.
Children's rights
The judge decides on how parental rights and responsibilities are given to a parent when they are granted custody. Keep in mind that the judge will be mindful of the needs of both parents and the child. The goal, in the end, is to ensure as much stability as possible in the life of the child.
Legally, "parental rights" and "responsibilities" are the power to make choices and the time spent by parents and their children. Decision-making power is what is described in legal terms as "legal custody." This includes the ability to make choices regarding the child's education, the health of their child, extracurricular activities as well as religion. The decision-making power can either be divided between both parents (joint custody) or entrusted only one parent (sole custody).
Parents' time is referred to as "physical custody." With this arrangement children split their time among the residences of the parents. The time can be divided equally between parent (joint physical custody) or awarded to one parents (sole physical custody). The courts will take into account the safety and location of the house in determining which parent will have primary custody. The court will take into account the location of the home and whether it is secure and situated in a suitable place. They could be able to consider the accessibility of other family members, or the existence of childcare.
The court also takes into consideration the needs of children based on their age and maturity. The parents may speak to children about where they want to live and the amount of time they want to spend with their parents. Judges can also hear their opinions through an independent evaluator. If parents come to an agreement regarding an arrangement for custody themselves and the court accepts this arrangement, provided it's not convinced that it's not in the best interests.
The Child's Safety
The most important concern for a judge who decides to award custody to a child is their safety. The court will order the evaluation of psychologists when it feels that the parent concerned is unsafe. The judge is likely to take the results of these tests with a lot of respect. Each parent will be taken into consideration by the judge when deciding which parent will be the primary caregiver of their child (where they'll live) and also who has legal custody (decisions concerning issues such as the child's education, health and more).
Judges in the past would award primary physical custody of the children to mothers, but the law now requires judges to make their decisions based on the highest interests of the child. The law states that those who think they're just equal to mothers to have primary physical custody can also request it in the event that they convince the judges to grant them custody. A judge also will take into consideration whether the parents can to sustain a secure family, and also whether they are able to assist in events after school. It could also be possible to investigate evidence that a parent has hurt the child. Judges are less likely give custody to a parent who suffers from severe mental illness or alcohol and drug issue.
After a judge has granted custody, it is the responsibility of both parties to adhere to the decision. If they fail to do so, the consequences could be severe. In certain circumstances, if parents who are not custodial repeatedly break the terms of their custody or visitation agreement, such as family law child custody by tardiness in picking up the children or taking the children outside of the state or country without the permission of the judge in the event of a court case, the judge could give an order to enforce the parent. Judges may also look into the issue of a security bond to assure that the parent who is not custodial will take the child back.
What's the relation between a child and their parent?
If they are making decisions regarding child custody, the courts should consider the child's relationship to each parent. It is ideal for children to be given the opportunity to establish positive relationships with all parents as well as develop bonds lasting into the ages of adulthood. Because of this, judges tend to prefer shared custody at all times. If parents are unable to come to an agreement about a custody plan that is why the court decides that the child's best interests are served by the child by evaluating the evidence at the various hearings.
A licensed psychologist is asked by the court to assess the psychological and mental health of children prior deciding custody. To conduct his assessment that the psychologist conducts, he will sit with both the parents and children, conduct tests and testify before a witness.
A judge determines which of the parents will be the primary caregiver of the children (residency), and who is entitled to legal custody or authority to take decisions regarding the child's education, health, religious welfare. If a judge grants the sole custody of physical possession to a single parent, that parent will be the primary caregiver and have the right to supervise visits by the non-custodial parent or other authorized caregivers. Similarly, if a court gives sole legal custody to only one parent, this parent will have the right to take decisions regarding the children's education, but is able to consult with the other parent before making them.
In certain situations in some cases, the court can appoint a guardian ad litem to defend the child's interests. The guardian is appointed lawyer who conducts an investigation in order to inform the court of the best custody plan for the child. Parents are able to also file a petition to change custody or visitation arrangements, but in order for the courts to do so they must show that there is a significant change in circumstances.