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Child Custody Questions – Research is Essential
Child custody questions always arise in any child custody battle. Make sure you do your research and ask as many questions as you can.
Not having a child custody hearing strategy will cost you in the long run. There are a couple of experts in child custody that have put together a “strategy guide” that has proved to be a great resource.. You’ll learn stuff that a $250 per hour lawyer doesn’t even know about.
A divorce is stressful enough, but when child custody is involved it can get ugly really quick. Unfortunately, there are times when the underlying reason for child custody isn’t about the children at all. It’s just one more way to get back at their Ex for all the “horrible things” that they have done.
This is the worst situation because the only one who ends up getting hurt is the children.
Research everything over the internet and look for tips and strategies, anything that can give you an idea on how to deal with a child custody issue.
A child custody battle can cause all kinds of pain (emotionally, mentally, and monetarily), – but don’t quit.
The following guide has helped many understand a lot more about child custody strategies. If you are in similar situation yourself, or about to fight for custody, we urge you to get this guide. It’s a small price to pay in the long run, and it even shows you ways to make your lawyer work harder for you. To check out what these experts have to say and check out their guide go to:
Understanding Child Custody Case Law:
Child Custody Laws differ from state to state. You need to check with your state’s laws to get the most current information. When it comes to child custody questions and laws, there are a few states that have all the procedures laid out for the separating parents and there children. The judges must follow these guidelines to assist in determining the custody of the children during and after a divorce.
There aren’t many federal laws that apply to children’s custody, with the exception of transporting across different state lines. States do have differing laws that deal with jurisdiction between other states, but not all states have this understanding however.
So if one parent lives in one state and the parent and children in another, the state where the children reside will have more influence. Of course you must take into consideration which state the separation and custody papers where filed.
Custody Laws are designed with interest of the children as the first priority. Child custody questions are designed to prevent custody going to abusers of drugs or alcohol. Child custody case laws are also in place to prevent children from going to an environment where there is clear mental or physical abuse. Most states prefer joint custody between the parents, where both parents can be a functional part of raising the children. Both parents would share both physical and legal custody of the children.
It’s really important to understand these two distinctions in the Child custody laws:
Physical custody is where the children are residing. When a child lives a large portion of time with one parent, that parent has what is known as physical custody. Often times during the summer months children leave one parent to live in the house of the other. During those situations physical custody moves from one parent to the other.
Legal custody is the right and responsibility to make important decisions regarding health, education, and well being issues. Often both physical custody and legal custody are with the same parent, unless the parents have joint custody. During those situations the court may decided that where the children reside at the time that that parent can determine what is best for the children at the time. However is would be wise to have a consensus between the parents.
Again, research the child custody laws of your state or province to determine what the best solution is for you during these trying times. Always have the children’s best interest when making these decisions.
Preparation for Child Custody Court Ordered Mediation
In cases where it is child custody is contested, family lawyers therapists and mediators can help get parents in this difficult situations, it is necessary that the plan developed is child centered so that their children’s interests are taken care of.
Most of the cases can be solved through a mediator, it might be a private one or someone sent by the court, if the couple is unable to reach a plan in the process of mediation next process that they could enter into is evaluation. Mediation takes place for 90 minutes in court-assigned cases, however, in order to have full discussion this time limit can be extended further. In case of private cases there is not time pressure.
Mediators help collect complete information about each parent and organize this information in a useful way. During mediation all history of both the parents is extremely useful. All aspects including childhood, past divorces, past history, parent’s history, parents’ martial status, siblings, relations with siblings, history of crime, domestic violence, etc. are also taken into consideration. You as a parent must be prepared to show yourself in the best possible light.
Mediators and evaluators look for red flags, which mean that there are certain details like dates etc. which do not match among both the clients. Mediators and evaluators then may challenge the dates and timelines. The more each can see with one another’s perspective, the more constructively proceedings will take place.
In order to be successful in presenting an actual parenting plan, mediators and evaluators should try to make their clients understand that they should present themselves to be reasonable, articulate and flexible parents and that they should not in anyway disturb the court in anyway while proceedings are on.
At the time of evaluation, you should conduct a safety check on your clients. You have to inspect their homes and see whether things are generally in place. All the residents of the home should make themselves available for the interview and guests should leave within 10 minutes of arrival of the evaluator. Evaluator can ask for references of people you know, it would be better if you can furnish these immediately.
Plans that are not well thought off might turn out to be red flags, so preparing for evaluation in advance is necessary. There are special considerations offered by courts in cases where there is a history regarding domestic violence, abuse, etc.
Therefore, it is required that solid preparations are carried out for the purpose of mediation and evaluation, these can bring success. The client will not make any mistakes since the level of confidence would be higher. These tips will go a long way in maximizing chances of success in mediation and evaluation.
Top Ten Child Custody Questions:
1. What factors do courts consider when determining child custody?
State Courts will largely base their decision on what is in the child’s best interest by using the Child’s Best Interest Standard.
Some examples of this includes:
- The health of each parent – both physical and mental;
- Any special needs of the child;
- The own wishes of the child, particularly if they are old enough to say so;
- Evidence of illicit drug use, or drug/alcohol abuse; and
- Adjustment to the community, such as where they go to school, proximity to other caretakers, etc.
These child custody questions and factors can vary from state to state, but courts will generally determine the stability of each parent’s home environment, and their interest and commitment to caring for the child. The overall goal is to make a decision that promotes the health and well being of the child.
Some states favor joint or shared custody, and others prefer that one parent is the primary custodian while the other has visitation rights. Depending on the circumstances, your case may result in sole or shared custody.
2. What are some differences between sole and shared custody?
Essentially, custody can be broken down into two types: sole custody, and shared custody.
Sole custody involves both legal and physical custody, and is court ordered. Physical custody means that the child lives with you, and legal custody means you are in charge of making all of the important decisions regarding your child, without the consent or input of the other parent.
The sole custodian is responsible for the child’s physical needs and legal decision making (decisions about the child’s education, health care, and religion). Depending on the details of your case, the non-custodial parent may still be required to provide child support, and may retain visitation rights.
Shared custody, or joint custody, is when the court orders that both parties be awarded custody. Both parents are the custodial parent, and neither parent is non-custodial. The child spends a substantial amount of time living with each parent, and both of the parents have equal responsibility as to the physical care of the child.
However, it is important to note that even if you have been awarded shared custody, physical custody may not be equally split with the other parent. For example, one parent may have physical custody during school holidays, while the other has the majority of physical custody the rest of the year.
3. Which parent is more likely to be awarded sole custody? How to win child custody:
The courts typically determine who should be granted sole custody based on the child’s primary caretaker. This is the person that does the bulk of tasks such as bathing and grooming, planning and cooking meals, and teaching basic skills (reading, helping with homework, etc).
Historically, the courts would apply the “tender years” doctrine, which favored mother’s rights over father’s rights in custody decisions. They believed that the mother was almost always the primary caregiver and, therefore, the best option for the child. Modern custody laws tend to be more gender neutral and do not favor one parent over the other. Some states do award sole custody to unmarried mothers, unless paternity is established and the father is requesting custody rights.
Far too often, fathers will not request custody rights because they assume that the court will default to the mother. If you are a father and you want custody, shared or sole, and you believe it is in the child’s best interest, you should petition the court.
4. Who decides visitation schedules?
Several people play a role in determining the child visitation schedule, but the court nearly always has the final say over both visitation and custody. The family court prefers that the parents negotiate visitation schedules on their own, many states requiring mediation before the court will issue a custody order. They may also require you attend parenting classes.
Once primary custodial rights have been assigned, the custodial parent gets to decide what sort of visitation the other parent will have, as long as it complies with the court order. The voluntary visitation or parenting time schedule must be submitted to the court for approval; if the two parties cannot agree, the court will intervene and issue a schedule based on the best interests of the child.
The custody rights of unmarried parents can vary from state to state. Some states award sole custody to the unmarried mother, as there is no legal presumption of paternity, unless the father establishes paternity and demands custody. Others have a registry (Putative Father Registry) that alerts fathers of any legal proceedings involving their children, such as adoption.
Asserting your paternity as an unmarried father may involve submitting a DNA test to the court, if your name is not noted on the child’s birth certificate. Once paternity is established, custody will be awarded based on the child’s best interests. Custody between unmarried parents can get complicated, and might require the assistance of a family law attorney.
6. When moving out of state can I bring my child with me?
Moving interstate and child custody can be confusing. There are serious consequences for failing to abide by the law. The majority of courts will not allow you to move the child out of state without the court’s permission. However, if you have never been married to the father and there is no court order regarding custody, you are free to move out of state and take the child with you. Of course, establishing paternity changes the circumstances.
Before moving, you should report to the court your changed circumstances. Then file a petition to modify your child custody arrangement. It is required that you show that the changes, and the move, are in the child’s best interests. Moving the child out of state without doing so could result in jail time, fines, and losing custody. It is imperative that you resolve all custody issues before leaving the state.
7. Is it possible to change my child’s last name from the father’s surname to mine?
Your custody arrangement does not determine your legal right to change your child’s last name. Even with sole custody, the court may not allow you to change the child’s last name. Particularly if the child and the other parent have a frequent and loving relationship. A court order is required to do so. If you and your child’s other parent mutually agree to the change, a judge will typically approve your request.
If the other parent is not involved in the child’s life and they object to the name change, you must show that the change is in the child’s best interest. For example, if you can prove that the current surname causes significant harm or embarrassment. Once the request has been approved, you will need to notify the Social Security Administration and state agencies in order for the child’s birth certificate and Social Security card to be updated.
8. Can I change or modify child custody orders?
Yes. However, some states impose a waiting period when custody cannot be modified. You can typically modify your agreement if you can prove that your circumstances have significantly changed. You must also prove that the current order is no longer acting in the child’s best interest. For example – evidence of abuse.
Normally, the court will approve of a modification if both parents can agree to a change in custody. If either parent objects to the proposed changes, the court will hold a hearing. This is done in order to determine what is best for the child. Depending on the exact circumstances, courts may award sole or shared custody.
9. What’s child support, and what does it cover?
With child support an amount of money paid to the custodial parent by the non-custodial parent. It is intended to benefit the child by covering food, shelter, and clothing; health and medical care; and educational expenses, as well as other daily expenses. In some states they have guidelines that assist family courts in determining fair support payments. Other courts support on a case by case basis.
Even if both parties have agreed on an amount, the court must approve. Without a court order, it could be very difficult to enforce the support agreement if the need should ever arise. With the order, you can petition the court for help enforcing your rights.
10. Do I need a lawyer in a child custody case?
A child custody case is often complicated, emotionally charged, and requires knowledge about several aspects of family law. A knowledgeable and experienced child custody lawyer can help you understand your rights and options. The lawyer will prepare your custody claim, and represent you in court. They might also be able to negotiate with the other parent, avoiding prolonged litigation. The lawyer will prove to be invaluable in your custody case.
Child custody: an overview
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