Judges are required to determine which parent is responsible for a child's care and how often each parent is allowed to see the child. When there's a domestic incident judges can choose to prohibit or supervise visiting if it is believed that it will put children at risk.
Generally speaking, judges consider the following criteria in making custody decisions.
The Child's Dreams
There are more than 30 states that have legislation that permits judges to examine the wishes of children as a part of the custody decision. However, the courts vary vastly in their approach to interviewing children regarding their opinions and what weight they give the opinions of children. Certain courts have established a threshold at which the child's opinion is taken into consideration. Some only take into consideration the opinions that a child has if they consider it to be founded on solid information and their mature judgement.
The judge may interview the child in private and without the presence of parents to ensure that the child can be free to talk freely and confidently and without worrying about the reactions of either parent. Both parents and the child could be emotionally involved but the judge should be aware of their relationship as they need.
If the child has reached a certain age that their preferences carry a significant amount of significance in court. The judge is more likely to support the parent that can keep the continuity in the child's academics as well as their community, religion, and acquaintances. Judges are more likely take into account a child’s opinions if they know them well. This makes it easier for them to reach an honest decision.
This is not the case in cases of parental abusing. The court will usually take any sign of mental or physical violence seriously and will award custody parents who are not involved in abuse. The law define "abuse" broadly, which includes any form of neglect which could cause lasting injury to a child. The smallest psychological strain resulted from living in a environment that is toxic can cause permanent damage.
What is the child's requirement?
When they decide on custody, the courts look at the requirements of the child. A judge is able to determine if a parent is able to meet the emotional, intellectual as well as social needs of the child, as well as providing the child with a secure and safe environment.
In determining custody arrangements, courts favor the parents who were the main caregivers of their child. It helps minimize the disruption for the child, and also makes it much easier for parents to adjust to their new situation. The courts will look at the earnings and the stability of both parent's families. It is generally preferred to have a stable, settled lifestyle than an unstable or chaotic household.
The court will also look at whether or not parents were involved in the educational needs of their child. The court will favor parents that take an active part in their child's education. family law child custody The judge could also consider the capability of the parents in nurturing and improve the child's social and emotional well-being. Also, the court is going to consider the capacity of every parent to support and enhance the emotional and social wellbeing of their child.
A court may also consider an evidence showing that a parent may pose an imminent threat to the security or well-being of the child. A history of domestic abuse or criminal charges against the child may be investigated. Children's safety is of paramount importance for judges, who will always put children's interests first over anything else.
Begin a parenting journal to be sure to record your interactions with your child. This is a fantastic method to demonstrate to the judge that you're a kind responsible parent who shares a strong bond with your child. This will allow your attorney to present a more convincing argument for you in the courtroom. Bring along any work of art that your child made for you or other tangible proof of the relationship between you.
Children's rights
When a parent is awarded parental rights to a child the court decides how to allocate parental rights and responsibility. Be aware that the judge will look at the preferences of both parents as well as the child. The main goal is to offer the child as much stability within their lives as is possible.
The term "parental rights and obligations as parents" is a reference to the decision-making power as well as the amount of time parents spend together with their kids. Decision-making power is what is defined in legal terms by the term "legal custody." It includes decision-making authority on the child's educational needs, healthcare, extracurricular activities and religious beliefs. It is possible to share the responsibility of decision-making by the parents (joint legal custody) or delegated to one parent (sole legal custody).
Physical custody is the term utilized to refer to the arrangements wherein a child spends time at the home of both parents. It can be equally shared by both parents (joint custody) however, it could solely be assigned to just one parent. The court considers the safety and location of the house in determining which parent will have primary custody. They will also look at the accessibility of daycare and other options for childcare, the closeness to schools, and the accessibility of others in the family.
The court takes into account the wishes of children based upon their age and maturity. The court could ask the child where they would prefer to live and how long they'd prefer to stay with either parent. Judges may also listen to the views of children by the witness of a third-party evaluator. If parents are able to reach an agreement regarding their own custody arrangements and the court accepts the agreement unless they believe that it's not in the child's most beneficial interests.
Safety of the Child
One of the main concerns for any court that grants custody is the safety of the child. A court may require an evaluation by a psychologist if it believes that the parent in question is unsafe. The assessments are generally considered to be a serious matter by judges. Parents will both be considered by the judge when deciding who has physical custody over their child (where they'll be living) and also who has legal custody (decisions regarding issues like education, health care and other matters).
Judges previously granted the sole physical custody of children to the mothers. But now state laws require judges base their decisions on the best interests of the child. People who feel they are entitled to primary physical custody as much as mothers could apply to the court for permission to grant them it, if they convince him to do the same. Judges will consider whether the parents can to ensure a secure family, and if they can assist with extracurricular activities. The judge may also examine evidence to prove that one parent has hurt the child. Severe mental illnesses and severe drinking or drug addictions could drastically reduce the chances that a judge will give custody to one parent.
It is each side's responsibility to follow court orders once a custody award is made. If they fail to do so, there could be consequences. If a parent that is not the parent with custody violates the agreement repeatedly in a row, such as arriving in a hurry to collect the child or taking them out of state without their consent, or even taking them abroad or even to another country, the court can issue an order. A judge can also consider making a bond in order to ensure that the noncustodial parent will return the children.
What's the connection between a child and their parent?
In child custody decisions the courts must look at the relationship of the child with every parent. In the ideal scenario, children are allowed to build healthy relationships with each parent and build bonds lasting into the ages of adulthood. In order to avoid this, a majority of judges would prefer the concept of joint custody. However, if the parents cannot reach an agreeable agreement on their own, the court will determine what is in the best interests of the child taking into consideration the evidence submitted at different hearings.
When deciding child custody arrangements, the judge will usually have an assessment done of the children's mental and emotional health by a qualified professional, including psychologists. The psychologist could visit with the child as well as parents, take tests, and listen to witness testimony to aid in the evaluation procedure.
The court is the one to decide which parent is entitled to the physical custody (residency) and also legal custody, or the right to decide, over the child's education or health and welfare and religious upbringing. If a court awards sole physical custody to one parent, that parent is the sole caregiver. They will also be able to oversee visits of the parent who is not custodial as well as other caregivers who are authorized. If the court awards sole legal custody to one parent, the parent that is granted it has the power to make the final decision regarding the care of the child, and is able to consult with any parent.
The court is able to appoint guardians ad litum to represent the best interest of the child under certain circumstances. A guardian is an appointed attorney who studies the case in order to inform the court of the best arrangement for custody of the child. The courts will also allow parents to ask for a change of custody or visitation, if they can demonstrate significant changes in circumstance.