Child custody is a very broad legal terminology which includes many legal roles and responsibilities which are related to the physical responsibility of a parent or guardian towards a child. The term also covers the rights, duties, and responsibilities of any other adults who come in close association with the child. This means that there are separate categories of custody laws for adults and children. These laws and legal obligations are determined by the jurisdictions in which the child or children reside or are brought up. Below is an introduction to some of these important terms and their definitions in child custody law.
The term child custody; can be broadly defined as the legal title given to the legal relationship between a child or children and any other adults who come in close association with the child or children. This is primarily decided by the family court which decides the custody arrangements for the child or children based on the circumstances of the case and the preferences of the parties involved. This legal relationship is decided in family court rooms where the two parties who are involved in the child custody proceedings sit to decide on the best interests of the child or children.
One of the major decisions involved in the child custody case; is the issue of visitation rights of the non-custodial parent. In most jurisdictions in the US the custodial parent retains all or most of the legal rights and responsibilities related to the children. There are, however, certain differences in the laws of the states of the US, which requires a judge to determine what level of visitation is fair and reasonable. For example, in a minor child custody case, the judge may only impose joint legal custody and leave the decisions of visitation, holiday spending, school participation and religious upbringing to the parents. In cases involving older children, joint physical custody is more common and decisions are usually more limited.
Joint physical custody; also called shared physical custody or equal custody, is when both parents have an equal right and responsibility for the children. When there is a difference between the amount of time the child spends with each of the parents, the judge will base his decision on the best interest of the child or children. When there is a difference in how the child spends time with each of the parents, the judge will use whatever system works best for him or her. Joint physical custody is usually the norm rather than the exception, although it does vary from state to state.
During a child custody proceeding; the judge will ask questions about the child’s living environment including the home, school and community. He will consider what type of medical care the child has received, if any, during the past year. He will consider the welfare of the child and consider the child’s relationship with each of his/her parents. The judge will consider the financial needs of the family and will try to keep the child’s needs and happiness in the forefront of his or her mind during the child custody case. All of these factors play an important part in determining what type of custody to a father should receive.
Once the judge has considered all of these items; he or she will make a custody order that details the custody and visitation schedule. In some cases, the parents will work out their best interests and the best interests of the child. This can be determined by a custody evaluation, where each parent is asked to fill out a form with their particular circumstances. If joint physical custody arrangements are decided upon, a judge will ask the parents to present their arguments to the court and then make the decisions as to which parent will have the kids.
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