Archive for November, 2014
Going through a divorce can be very stressful, especially when there are children involved. Even if the mother and father do not get along and decide they do not want to remain married any longer they still need to do what is best for their children. During your initial visit with your divorce lawyer the subject of child custody will be brought up and what type of custody is being sought.
This is when the child custody case gives full custody rights to one parent but in today’s world this type of child custody is rarely granted but there are circumstances when it is granted. The non-custodial parent can be given visitation rights although they may be supervised.
• One parent is known to have in indulged in child neglect, unable to provide proper care for the child or indulged in abuse
• The parent has been the primary caregiver for a long period of time
• Substantial proof is given to prove that a parent is unfit
• Lack of parental involvement in the children’s life or no strong parent-child bone
• One parent is prone to alcohol or drug abuse
• It is not in the child’s best interest to grant one parent sole custody
This is when the parents share equal rights and is also known as shared parenting. The parents will be ordered to prepare a schedule with mutual consent or the court will if the parents cannot do it. When choosing this type of child custody there is some things that are taken into consideration such as:
• The parents ability to cooperate on issues that are related to their children
• The parents active involvement in their children’s life and can give the proper child care
Most of the courts favor these types of child custody cases because they believe it is more beneficial for the children to have a good relationship with both of their parents. It helps to reduce the trauma to the child when they are separated from one parent.
While the divorce proceedings are going on the family court can give a ruling on the child custody cases if the parents cannot come to an agreement out-of-court. Although the ruling states that it is temporary custody, after the divorced is finalized it is usually upheld as permanent. This could be because changing the child custody ruling could adversely affect the children and disturb their routine.
These are just three of the different child custody cases that can occur when parents initiate divorce.
Are you planning of filing for child custody? To have an easy ride it’s important that you understand all the child custody rules.
Types of Custody
The law allows two types of custody: legal custody and physical custody. Legal custody is where you have the right to make the major decisions affecting your child. These decisions include: medical, religious, and educational. Physical custody on the other hand is the right to have the child under your care.
There are two types of legal custody: sole and shared. Sole custody gives you the right to make all the major decisions about your child. In shared custody you have to consult your partner before you make any major decision.
Who Has The Right Of Filing For Child Custody?
There are a number of people who can file for the custody of the child: Both parents, grandparents, and anyone who has taken care of the child for a substantial period of time. You can also seek a custody order if you have legally adopted the child.
When you file the case, the court will consider a number of factors when determining the child custody. Some of the factors that it will consider include:
- Child preferences
- Criminal convictions
- Past or present history of abuse
- Parent/guardian who is more likely to encourage or facilitate a relationship with the child
Before you are awarded the custody you have to undergo counseling. During counseling you will discuss many issues including the responsibilities that you have to bare when you are given sole or shared custody. It’s good to note that the court will also consider the advice of the counselor in determining the type of custody that it will award-whether joint or sole.
If you are planning of relocating to another state the court will hold a special hearing in order to determine whether you should relocate with the child. To make the right decision the court will consider a number of factors:
- Your relationship with the child before the move
- Reasons why your non-relocating partner is preventing the move
- How the child will benefit from the move
To increase the chances of winning the case it’s paramount that you hire a child custody lawyer. The professional will not only present you in court, but he will also conduct investigations that show why the other partner isn’t supposed to be awarded custody. The attorney will also give recommendations to the court.