The judge is required to determine the parent who is the primary caregiver and determine how often they can visit their child. If there is a case of domestic violence the judge can decide to supervise or deny visits if he feels it puts children in danger.
In general, when making custody decisions judges take into account the following elements.
The Child's Wishes
Over 30 states have statutes that permit judges to look into the preferences of children in the course of the custody decision. The courts, however, differ vastly in their approach to interviewing kids about their wishes as well as the weight they assign to these opinions. Certain courts custody of child have established a threshold at which children's opinions are taken into account. The majority of people will only consider the viewpoint of children if they believe that it is informed by solid evidence and their mature judgement.
The judge will often interview the child in private with no presence from the parents so that the child can be free to express himself freely and openly, not fearing the reaction from either parent. Both parents and the child might be involved emotionally, but the judge needs to learn as much as they can about their relationship and what they require.
If the child has reached a certain age that their preferences carry a significant amount of importance in the courtroom. The judge is more inclined to choose the parent who maintains the consistency in the child's academics, community, religion and the group of friends. Judges are more likely be able to consider children's opinions if they know them in depth. It can be easier for them to reach an honest conclusion.
This is not the case in cases of parental abuse. A judge will take any evidence of physical or psychological abuse very seriously, and will award custody an adult who is not abuser. The law sets out the definition of "abuse" broadly, including the kind of carelessness which can result in permanent harm to a child. A seemingly small amount of psychological trauma resulted from a stressful surroundings can result in devastating consequences over the long run.
What is the child's needs?
Courts will consider the child's need in determining custody arrangements. A judge will decide if the parent meets the mental, emotional and social requirements of the child as well as providing an environment that is safe and secure.
When deciding custody arrangements, judges usually prefer parents who are the primary caregiver of the child. It helps minimize the disruption for the child as well as making it easier for them to adapt to their different situation. The judge will also take a evaluate the stability of every family's income and household. It is generally preferred to live a steady, settled lifestyle than an unstable or chaotic household.
If a parent has participated in their child's schooling is also important for the courts. Parents who have been more involved on their children's educational progress will likely be favored over others who haven't been as involved. Parents may be judged on their capacity to help develop and sustain their children's emotional and social health of their kids. It's about having the ability to overcome differences with the other parent and a commitment for the child's wellbeing.
The judge will also look at the evidence to determine if one parent poses a threat to the child's security and health. An incident of domestic violence or criminal convictions against the child could be considered. The child's safety is considered an important consideration and the judge will always consider the best interests of the child ahead of all other considerations.
Make a parent-child journal to be sure to record your interactions with the child. It's a fantastic opportunity to prove that you have a strong bond with your child as well as an affectionate, loving parent. This will help your attorney make a convincing case in the courtroom. Bring any craft that your child has made for your benefit, as well as tangible evidence of your bond.
Children's Responsibility
If a parent has been granted the custody of their child, the judge will determine how to allocate parental rights and duties. Important to note that a judge will consider the wishes of both parents and the child. At the end of the day, it's about to provide for the maximum stability for the child's future.
The expression "parental rights and parental responsibilities" refers to the decision-making power and the amount of duration that parents are together with their kids. Legal custody refers to the official name for the decision-making authority. It's the ability to decide on the education of the child, health, extracurricular activities, as well as their the practice of religion. It is possible to share the responsibility of decision-making between the parents (joint legal custody) or assigned to a single parent (sole legal custody).
Parents' time is referred to as "physical custody." When this is the case the child splits his time between the homes of the parents. Physical custody may be evenly shared between both parents (joint custody), or it can solely be assigned to the parent with one. To determine which parent is to have primary residence of the child will take into account the security of the residence and is in a suitable location. The courts will consider the area of the house and whether it is secure and in a good location. The courts may consider access to other family members, or the existence of childcare.
The court may also look at the preferences of children, based on their age and level of maturity. The judge may inquire about the child to choose where they'd prefer to live and the length of time they'd like to stay with either parent. The judges could also be able to hear their opinions through the testimony of a third party evaluation expert. If the parents can reach an agreement over their own custody arrangements then the court is likely to uphold the agreement unless they believe that it's not in the most beneficial interests.
The Child's Safety
The primary concern of any judge awarding custody is the child's safety. If the court thinks that parents are not in a safe place then it's likely to require an evaluation by an expert such as psychologist. These evaluations are normally considered to be a serious matter by judges. The judge will scrutinize both parents to decide who gets physical custody (where the child will live) and legal custody (decision-making powers over items like health and education).
Judges used to award the sole physical custody of kids to mothers. However, now state laws require judges make their decisions based on the interests of the child. People who feel they are entitled to primary physical custody as much as mothers are able to request the court to give them custody, if they convince him to do so. A judge also will take into consideration whether both parents are capable to sustain a stable family, as well as whether they are willing to support things after school. It could also be possible to look into evidence that one parent has been abusive towards the child. Judges are less likely to give custody to a parent who is suffering from a severe mental illness, or is suffering from a alcohol or drug problem.
Each side is accountable to comply with the court's order once a custody award has been issued. If they don't, there could be consequences. If, in certain situations parents who are not custodial repeatedly break the agreement on custody and visitation for example, tardiness in picking up the children or taking their children away from the country or state without permission, the judge may decide to issue an enforcement order for that parent. Judges may also look into placing a bond to ensure that the noncustodial parent is able to bring the kids back.
The Child's Relationship to Each Parent
When making decisions regarding child custody, courts are required to consider the child's relationship with each parent. The ideal situation is for children to be allowed to build positive relationships with all parents as well as develop bonds that last into the ages of adulthood. In this regard, judges usually prefer to award the child joint custody as often as is possible. If parents are unable to agree on a custody arrangement that is why the court decides the most beneficial interest for the child through examining the evidence during the different hearings.
When making decisions about child custody arrangements the judge is likely to have an assessment done of the children's mental and emotional health by a qualified professional, such as psychologist. For the purpose of this evaluation the psychologist must meet with both parents and child, perform tests and take testimony from witnesses.
A court decides which parent will have physical custody of the child (residency) as well as who is entitled to legal custody of the child or be given authority to make decisions concerning the child's education, health, the welfare of his religion and. If a court awards the sole custody of physical possession to one parent that parent will be the primary caregiver and have the power to direct visitation by the non-custodial parent as well as other caregivers who are authorized. Similarly, if a court awards sole legal custody to only one parent, the parent will have the right to make the final decisions on the children's education, but will consult with the other parent before making them.
In some cases in some cases, the court can appoint the guardian ad-litem as an defend the child's interests. A guardian is an appointed attorney who studies the case for the purpose of advising that the court on the appropriate arrangement for custody of the child. Courts also permit parents to petition for an alteration in custody or visitation when they are able to prove an important change in circumstances.