| A child custody proceeding is any case | | | | the child spends an approximately equal |
| involving child protection, adoption, | | | | amount of time with both parents. Some |
| guardianship, termination of parental rights | | | | states award joint custody in which the judge |
| or voluntary placement of your child.The | | | | simply divides the child's time between the |
| support order will be based on the child's | | | | parents. Joint custody does not mean simply |
| needs, obligor's ability to pay, custody | | | | alternating where the child lives from time |
| arrangements and the child support | | | | to time. In fact, there may be legal joint |
| guidelines. The Criminal Code makes it an | | | | custody, but the child may live with only one |
| offence to abduct a child to spite a custody | | | | parent.Legal child custody includes the right |
| order. A custody order establishes both the | | | | to make decisions about the child's |
| custody and parenting time arrangement for | | | | education, religion, health care, and other |
| the children. Your child custody order is | | | | important concerns. A child may be placed in |
| also confidential.When an unmarried mother | | | | foster care while a custody case is pending. |
| has a child, the mother has legal custody of | | | | Legal custody means the right to determine |
| that child until a court says | | | | the child's upbringing, including education, |
| otherwise.During divorce, marriage, or | | | | health care, and religious training.Physical |
| annulment proceedings, the issue of child | | | | custody and residence means the routine daily |
| custody often becomes a matter for the court | | | | care and control and where the child lives. |
| to determine. The Court must consider the | | | | Physical child custody is awarded to one |
| following factors in every child custody | | | | parent with whom the child will live most of |
| decision under the law regarding the best | | | | the time. In most cases, both parents |
| interest of the child. The court retains the | | | | continue to share legal child custody but one |
| power to alter the custody arrangements until | | | | parent gains physical child custody. There |
| the child turns 18 or is emancipated.You may | | | | is also a presumption that it is in the |
| contest custody, child support, and alimony | | | | child's best interest to be in the custody of |
| and property division by appearing in court | | | | a parent over a non-parent.Visitation rights |
| and filing appropriate legal papers. At the | | | | allow the non-custodial parent (the person |
| hearing, the court shall hear evidence to | | | | without child custody) time to spend with |
| determine whether the child custody and | | | | their child. A common arrangement is that |
| support determination should be modified. | | | | one parent gets custody of the child and the |
| The fact that one parent has been the child's | | | | other parent is given visitation |
| primary caretaker is often considered but is | | | | rights.EvaluationA child custody evaluation |
| not enough to guarantee a custody award. It | | | | is a report written by a neutral professional |
| is not that unusual for middle class parents | | | | about you, the other parent, and your |
| to spend $60,000 on a divorce and child | | | | children. It is usually not necessary that |
| custody fight. Traditionally, divorce in the | | | | formal psychological tests be administered to |
| United States results in one parent being | | | | each parent in the context of a child-custody |
| awarded primary custody and decision making | | | | evaluation. The primary purpose and focus of |
| for a child.RightsEach parent shares the | | | | the custody and/or visitation evaluation is |
| rights and responsibility for the care, | | | | to determine what is in the best interests of |
| custody, companionship, and support of their | | | | the child. Comprehensive child custody |
| children. Some states, such as Arizona, have | | | | evaluations generally require an evaluation |
| fathers rights groups specifically dedicated | | | | of all parents/guardians and children, as |
| to helping fathers obtain custody of their | | | | well as observations of interactions between |
| children for example).DefinitionsCustody | | | | them. The children are also evaluated in a |
| means that a parent has legal custodial | | | | custody/visitation evaluation.AttorneyBecause |
| rights and responsibilities toward the | | | | of the complexity of child custody matters |
| child.Joint child custody means that both | | | | and the importance of the outcome, it may be |
| parents have the legal custodial rights and | | | | advisable to contact an attorney. The |
| responsibilities toward a child. Joint | | | | attorney should know several child custody |
| custody allows both parents to have a say in | | | | evaluators or guardian ad litems that they |
| the child's upbringing. There is no evidence | | | | have worked with successfully. If you |
| to support that a presumption of joint | | | | proceed with a child custody action without |
| custody is in the best interests of children. | | | | an attorney, you are acting as your own |
| A study found that only when parents were | | | | attorney.In a child custody dispute, there |
| still actively fighting did joint custody | | | | are rarely winners, frequently everyone is a |
| exacerbate children's feelings of being torn | | | | loser, and the biggest losers are often the |
| between parents. However, when both parents | | | | children. When women fear losing custody of |
| favor joint custody, it can be a good | | | | children the stress can be overwhelming. |
| solution for the children. Some parents have | | | | However, in many cases, women are favored as |
| chosen a joint-custody arrangement in which | | | | holding custody of their children. |