The Court Determines Child Custody

A child custody proceeding is any case involvingchild spends an approximately equal amount of
child protection, adoption, guardianship, terminationtime with both parents. Some states award joint
of parental rights or voluntary placement of yourcustody in which the judge simply divides the
child.The support order will be based on the child'schild's time between the parents. Joint custody
needs, obligor's ability to pay, custodydoes not mean simply alternating where the child
arrangements and the child support guidelines. Thelives from time to time. In fact, there may be
Criminal Code makes it an offence to abduct alegal joint custody, but the child may live with only
child to spite a custody order. A custody orderone parent.Legal child custody includes the right to
establishes both the custody and parenting timemake decisions about the child's education, religion,
arrangement for the children. Your child custodyhealth care, and other important concerns. A child
order is also confidential.When an unmarriedmay be placed in foster care while a custody
mother has a child, the mother has legal custodycase is pending. Legal custody means the right to
of that child until a court says otherwise.Duringdetermine the child's upbringing, including education,
divorce, marriage, or annulment proceedings, thehealth care, and religious training.Physical custody
issue of child custody often becomes a matterand residence means the routine daily care and
for the court to determine. The Court mustcontrol and where the child lives. Physical child
consider the following factors in every childcustody is awarded to one parent with whom the
custody decision under the law regarding the bestchild will live most of the time. In most cases,
interest of the child. The court retains the powerboth parents continue to share legal child custody
to alter the custody arrangements until the childbut one parent gains physical child custody. There
turns 18 or is emancipated.You may contestis also a presumption that it is in the child's best
custody, child support, and alimony and propertyinterest to be in the custody of a parent over a
division by appearing in court and filing appropriatenon-parent.Visitation rights allow the non-custodial
legal papers. At the hearing, the court shall hearparent (the person without child custody) time to
evidence to determine whether the child custodyspend with their child. A common arrangement is
and support determination should be modified. Thethat one parent gets custody of the child and the
fact that one parent has been the child's primaryother parent is given visitation rights.EvaluationA
caretaker is often considered but is not enough tochild custody evaluation is a report written by a
guarantee a custody award. It is not that unusualneutral professional about you, the other parent,
for middle class parents to spend $60,000 on aand your children. It is usually not necessary that
divorce and child custody fight. Traditionally,formal psychological tests be administered to each
divorce in the United States results in one parentparent in the context of a child-custody evaluation.
being awarded primary custody and decisionThe primary purpose and focus of the custody
making for a child.RightsEach parent shares theand/or visitation evaluation is to determine what is
rights and responsibility for the care, custody,in the best interests of the child. Comprehensive
companionship, and support of their children. Somechild custody evaluations generally require an
states, such as Arizona, have fathers rightsevaluation of all parents/guardians and children, as
groups specifically dedicated to helping fatherswell as observations of interactions between
obtain custody of their children forthem. The children are also evaluated in a custody
example).DefinitionsCustody means that a parentvisitation evaluation.AttorneyBecause of the
has legal custodial rights and responsibilities towardcomplexity of child custody matters and the
the child.Joint child custody means that bothimportance of the outcome, it may be advisable
parents have the legal custodial rights andto contact an attorney. The attorney should
responsibilities toward a child. Joint custody allowsknow several child custody evaluators or guardian
both parents to have a say in the child'sad litems that they have worked with
upbringing. There is no evidence to support that asuccessfully. If you proceed with a child custody
presumption of joint custody is in the bestaction without an attorney, you are acting as
interests of children. A study found that onlyyour own attorney.In a child custody dispute,
when parents were still actively fighting did jointthere are rarely winners, frequently everyone is a
custody exacerbate children's feelings of beingloser, and the biggest losers are often the children.
torn between parents. However, when bothWhen women fear losing custody of children the
parents favor joint custody, it can be a goodstress can be overwhelming. However, in many
solution for the children. Some parents havecases, women are favored as holding custody of
chosen a joint-custody arrangement in which thetheir children.