The judge has to decide which parent is to be the primary caregiver as well as how often that parent is able to see their child. Visitation may be supervised or even denied in instances that a judge is of the opinion that it would put the children in danger, for instance in a family violence issue.
When making choices regarding custody judges look at the following elements.
What is a child's dream?
More than 30 states have legislation that permits judges to take into consideration the desires of a child as part of a custody decision. Judges vary in their approach to interviewing children and the weight they place on those opinions. Some courts have set an age-minimum for that the choice of a child is taken into consideration. They only have to consider the opinion of a child if it has been based on reliable information and mature judgement.
In many cases, the judge can interview a child alone, in chambers and with parents absent to allow the child to speak freely, without having to worry about displeasing either parent. Parents and children could be emotionally involved but the judge needs to understand as much about their relationship as they need.
The judge will assign major weightage to the wishes that an older child has. A judge will be more likely to support the parent that maintains the consistency of the child's schooling the community, religion, or friendships. Judges are more likely to be able to consider children's views if they are familiar with their opinions thoroughly. This makes it simpler for judges to come to an informed decision.
The opposite is true when there has been parents' abuse. The court takes any evidence of physical or psychological abuse very seriously, and will award custody an adult who is not violent. The law define "abuse" in a broad sense, and includes all forms of negligence that could result in long-term harm to a child. Even seemingly minor psychological distress from living in a toxic environment can have devastating effects over the long run.
The Needs of the Child
When they decide on custody, the courts examine the child's needs. child. The judge determines whether the parent meets the emotional, intellectual and psychological requirements of the child in addition to providing a safe and secure environment.
When deciding custody arrangements, courts tend to favor parents who were responsible for taking care of the child. It reduces the disturbance for the child and makes it simpler for parents in adjusting to their new circumstances. The court will take into consideration the income and security of the parents' households. A well-established, steady lifestyle is usually preferred over a chaotic or unstable home situation.
The extent to which a person's parent was involved in the child's education is also important to the judge. The court will favor parents who take actively part in their children's schooling. Judges will be able to consider parents' ability to develop and nurture the psychological and social wellbeing for their child. It is a matter of willingness to come out against differences with other parent, and an obligation for the child's wellbeing.
A judge may also take into consideration any evidence that suggests a parent could pose risk to the safety or well-being of the child. The history of domestic violence or criminal offenses against the child may be a factor. Safety of children is paramount as judges put the child's needs first all else.
Start a parenting journal and be sure to record your interactions with your child. It's a fantastic way to demonstrate that you have a strong bond with your child as well as a caring, loving parent. Your attorney will be able to make a stronger argument when you show this. Bring along any crafts that your child made for you or any tangible proof of your relationship.
Children's Responsibility
The court decides how parental rights and obligations are divided when a parent gets custody. Keep in mind that the judge will look at the preferences of both the parents and child. At the end of the day, it's about to provide for the greatest stability in the life of the child.
In the sense of law, "parental rights" and "responsibilities" can be defined as the ability to make choices as well as time spent by parents and their children. This power of decision-making is referred to by law by the term "legal custody." This includes the power to take decisions regarding the child's education, medical care, extracurricular activities and the religion of their choice. Responsibility for making decisions can be split between parents (joint legal custody) or granted to one parent (sole legal custody).
Physical custody is the word that describes the arrangement whereby the child stays at the home of both parents. Physical custody could be equally shared by both parents (joint custody) or only be shared by just one parent. The court considers the safety and accessibility of the property in determining which parent will have primary custody. They will also evaluate the availability of daycare or other childcare options, the closeness to schools, and the accessibility of additional family members.
The court also takes into account the preference of the child, based on their age and level of maturity. The court could ask the child where they would like to live, and how long they'd like to stay with either parent. Alternatively, judges may be able to hear their thoughts through the testimony of an outside assessor. The court won't annul a parent's contract to a custody plan if they have the power to make it happen in the event that the judge feels it's not in the best interest of the child.
The safety of a child
The most important concern for a judge who decides to award custody is the safety of the child. If the court believes parents are not in a safe place they will normally call for an assessment conducted by professionals such as a psychologist. These assessments are usually taken seriously by judges. Both parents will be considered by the judge in determining the person who will have physical custody of their child (where they will live) and also who has legal custody (decisions on issues related to the child's education, health and other matters).
In the past, judges typically gave custody to the mother, but state laws have changed and judges are now required to determine their award based on what's most beneficial for the child. The men who think they're entitled to primary physical custody as much as mothers could seek the permission of the judge to grant them it, if they are able to convince him it. The judge will also take into account whether both parents are able to sustain a stable family, and also whether they are willing to support activities after school. They may even examine evidence to prove that one parent is abusive to the child. A severe mental illness or substance or alcohol abuse can dramatically reduce the probability of a judge granting custody to one parent.
Each side is accountable to follow the order of the court once a custody award has been made. If they don't follow the order, there will be consequences. When it comes to certain instances, if parents who are not custodial repeatedly break the agreement on custody and visitation like making it late to pick up their children, or taking their children outside of the state or country without their permission, the judge might issue an enforcement order against the parent. The judge may also place bonds to assure that the uncustodial parents will be able to return their children.
The relationship between the child and each Parent
When making decisions regarding child custody, courts are required to examine the relationship between children and each parent. In the ideal scenario, children are permitted to develop solid relationships with their parents and develop relationships that last into adulthood. In order to avoid this, many judges favour jointly-custodial arrangements. If parents are unable to meet on a custody agreement that is why the court decides what is in the best interests of children by looking over the evidence during the different hearings.
If child custody attorneys deciding the child custody arrangement, the judge will usually conduct an evaluation of kids' emotional and mental well-being by a qualified professional, including psychologists. In the course of evaluating that the psychologist conducts, he will sit with parents as well as the children, conduct tests and hear witness testimony.
The court is the one to decide which parent should receive physically custody (residency) and also legal custody, also known as decision-making power in relation to the child's education or health and welfare and spiritual upbringing. If a court awards the sole custody of physical possession to a single parent, that parent is the primary caregiver, and will have the right to supervise visits by the non-custodial parent or other authorized caregivers. Also, if the court gives sole legal custody to the parent who is solely responsible, that parent will have the right to make decisions about the children's education, but may consult with another parent before making any decisions.
The court is able to appoint guardians on ad-litum basis to advocate for their best interests for the child in certain situations. A guardian is an attorney appointed by the court to study the circumstances of the family and advise the court about which custody arrangement is suitable for the child's best interests. The courts will also allow parents to request the change in custody or visitation when they are able to prove significant changes in circumstance.