Judges have to decide who should keep a child and when each parent is allowed to see the child. If there is a case of domestic violence A judge could decide to limit or suspend visits if he feels it puts children in danger.
In general, when they make custody decisions judges will consider these elements.
What is a child's dream?
More than 30 states have laws that allow judges to consider the wishes of a child as part of a custody decision. Courts differ on how they interview children and the weight they assign to those opinions. There are some courts that have a set the minimum age for when a child's preference is considered. Some only take into account an opinion from a child only if it is based on accurate information and mature child custody attorney judgment.
In many cases, the judge might interview a child alone, in chambers without the parents present in order for the child to talk freely and without the fear of offending any parent. The child as well as the parents could be emotionally involved however, the judge must know as much about their relationship as they require.
If the child is of sufficient age, their expressed preferences will carry a significant amount of importance in the courtroom. Judges tend to lean in favor of the parent who can ensure an orderly life for their children, which can include school, neighborhood, religious relationships and even friendships. They'll also be more willing to hear children's viewpoint in the event that the judge is familiar with the child's personality that can enable them to make an objective decision.
It isn't the case when there has been parental assault. A judge will take any instances of evidence of psychological or physical assault seriously, and will award custody an adult who is not abusive. The law define "abuse" broadly, which includes any form of neglect that can cause long-term harm to a child. Even minor psychological stress caused by living in a place that is toxic can cause permanent damage.
The Children's Needs
In determining custody, judges take into account the specific needs of the child. A judge will decide if the parent is able to meet the intellectual, emotional and social demands of the child and also provide an environment that is safe and secure.
If they are deciding the custody arrangement, the courts usually favor parents who are responsible for taking care of the child. This minimizes the disruption and allows children to adjust more easily to their new living situation. The court will take into consideration the income and the stability of both parent's households. A steady, established way of life is often preferred over unsteady or chaotic family environment.
It is also considered whether the parent was involved with the schooling of their child. The courts will reward parents who take an active part in their child's educational development. In addition, the court could look at the ability of both parents to support and help develop the child's psychological and emotional well-being. Also, the court is going to consider the capability of parents to take care of and build the psychological and social health of their child.
The court will also examine the evidence to determine if one parent poses a threat to the child's security and health. An incident of domestic violence or criminal convictions against the child might be considered. The child's safety is considered as the top concern and the judge is expected to be able to put the interests of the child over all other considerations.
Maintain a diary of your parenting style and every interaction between you and your child. It is a great opportunity to prove that you're an affectionate, caring parent who has a strong bond with your child. This will help your attorney create a stronger case for you in the courtroom. Bring any crafts your child has made for you or other tangible evidence of your bond with your child.
Children's rights
If a parent has been granted parental rights to a child the judge will determine what rights and responsibilities parents share and duties. Remember that a judge will consider the preferences of both parents in addition to the child. The goal, in the end, is to provide for as much stability as possible in the life of the child.
The expression "parental rights and obligations as parents" refers to the power of decision-making along with the time that parents spend together with their kids. It is referred to legally in the legal sense as "legal custody." It includes the authority to make decisions on the child's educational needs, health, extracurricular activities, and religious belief. The power of decision-making can be distributed among both parents (joint custody) or granted only one parent (sole custody).
The term "parental time" is used to refer to "physical custody." With this arrangement, the child divides their times between the houses of the parents. Physical custody may be equally shared by both parents (joint custody) or be given to only just one parent. The courts consider the safety and location of the house in determining which parent will have primary custody. The courts will look at where the home is located as well as whether the home is safe and situated in a suitable zone. They may also take into account the accessibility of other relatives or the availability of childcare.
The court will also take into consideration the needs of children, based on their maturity and age. The court may ask whether the child would prefer to reside, as well as how long they'd prefer to live with their parents. Judges can also be able to hear their thoughts through the testimony of an outside evaluation expert. If parents are able to reach an agreement over the custody arrangements themselves, the court will uphold the agreement unless they believe that it is not in the most beneficial interests.
Safety of the Child
The most important concern for a court that grants custody to a child is their safety. If the court believes the parent's safety isn't being met then it's likely to require an evaluation by professionals like a psychologist. These assessments are usually accepted as fact by judges. The judge will scrutinize both parents and decide on who will get physical custody (where the child lives) as well as legal custody (decision-making authority over issues like education and health care).
Judges in the past would award primary physical custody of the children to mothers, but nowadays, state law requires that judges decide based on the best interests of the child. Men who believe they deserve first physical custody just as mothers may ask the court to grant them this right, should they are able to convince him so. The judge will also consider whether the parents can to maintain an enduring family as well as whether they are willing to support activities after school. It could also be possible to examine evidence to prove that one parent has hurt the child. Judges will be less likely to accept custody when a parent has severe mental illness or has a substance abuse addiction.
When a judge grants custody, it is the responsibility of each party to comply with the ruling. If they do not, the consequences could be severe. If, in certain situations the noncustodial parent continues to violate the visitation and custody agreement, such as by tardiness in picking up the children or taking children outside of the state or country without their permission, the judge might give an order to enforce the parent. The judge may also place the parent on a bail bond in order to ensure that noncustodial parents will return their children.
What's the relationship between a child and their parent?
When making decisions about child custody, the court must look at a child's relationships with each parent. It is ideal for children to be given the opportunity to establish positive relationships with all parents as well as develop bonds that last into adulthood. For this reason, judges generally prefer the child joint custody as often as is possible. In the event that parents do not agree on a custody arrangement that is why the court decides that the child's best interests are served by the child through examining all evidence presented at hearings.
If deciding the child custody arrangement the judge can usually order an assessment of the children's mental and emotional well-being by a qualified professional, like a psychologist. In the course of evaluating psychologists will have meetings with parents as well as the child, perform tests and hear witness testimony.
A judge decides on which parent will be the primary caregiver of the kid (residency), and who is entitled to legal custody of the child or be given authority to decide on his health, education and the welfare of his religion and. If a court awards sole physical custody over the child to one parent, that parent becomes the primary caregiver. They also have the authority to supervise the visits from the additional parent or caregivers who are authorized. If a judge grants sole legal custody, the parent who is awarded it will be entitled to decide on the upbringing of the child, and is able to consult with any parent.
In certain situations it is possible for the court to designate one as a guardian in order to defend the child's interests. The guardian is an appointed attorney who investigates the situation in order to inform the court of the best custody plan for the child. The court can also allow parents to ask for the change in custody or visitation, if they can demonstrate an important change in situation.