What is child custody? Child custody and guardianship refers to the practical and legal relationship between a parent and his child, which includes caring and making decisions for the child. The concept of the terms 'custody' 'access' or 'visitation' have now been replaced by 'residence' and 'contact'. Instead of the courts stating that a parent has 'custody' of a child, the child is now being said to 'reside' with that parent.
Child custody is an issue that typically rises from incidents such as divorces, annulments and legal actions that involve children. Common statutory provisions state that the child born within a marriage will get the joint guardianship of the parents and the right of either parent to the child's custody after their separation is equal.
However, the issues involving residence and contact will be determined based on what the courts see as the most positive for the child's interests. In fact, legal professionals are already referring to custody and visitation as 'parenting schedule' in order to remove any negative connotations about the distinction between the parent who gets child custody and the parent who does not.
Who decides? Most laws regarding child custody are state laws. In case of a divorce, it is the court which has jurisdiction over the proceedings who will determine which parent or guardian gets child custody. In most cases, parents with children under 18 years of age will be required to file for custody in case of divorce or annulment. For children under 21, both parents will be mandated to provide support following the Child Support Standards Act.
Who gets custody? Child custody is determined on the basis of what the court deems 'in the best interests' of the concerned child or children. In cases of parents or guardians separating, the court will decide on which parent will be better able to provide for the child's needs. Child custody proceedings are child-centered and the standards for custodial awards are designed for the protection of the child.
As long as there is no evidence of misconduct on the part of either parent, their rights to child custody are considered equal. For this reason, the parent's history, mental state, financial capability and relationship with his or her child will be considered when the court has to make a decision.
In the case of married parents filing for custody or divorce, legal custody of their child or children will be automatically shared between them, albeit temporarily. Sole legal custody to one parent will only be awarded if the court finds evidence that it is really for the child's best interests.
The court may also schedule specific periods to be followed by both parents, depending on the needs of the child. Older children and those in their teens may need longer time spent with each parent and don't require frequent shifts between guardians. Younger children, on the other hand, may need shorter and more frequent periods spent with each parent.
Issues that may affect a parent's request for child custody Some issues will be considered by the court as evidence that a parent is unfit to have custody of his or her child, including use of alcohol, drugs and illegal substance, mental disorder, desertion, unwillingness or inability to participate in the child's care and family abuse.
Both past and present evidences of abuse or neglect will be considered by the courts to determine which parent is best suited to have custody of the child. However, this presumption is rebuttable and the abusive parent may challenge it in the court if he or she so wishes.
For a child with unmarried parents, it is the mother who automatically gets custody unless a family court decides otherwise. If the court finds evidence that the parents can perform joint responsibility and can both provide for the child's best interests, both parents (if they agree) may be awarded with shared physical or shared legal custody.
During the starting phase of child custody arrangement we need to consider different alternatives regarding different types of possible custody arrangements. For example, both of the parents might want to work out an arrangement under which you both make decisions on the child's upbringing and wellbeing. This type of arrangement is called "joint legal custody" in most states. Or, you may sense that your counterpart is currently unfit or incapable of any parental responsibility, in that case you may wish to have sole custody of your child. Custody Types 1. Legal Custody
grants a guardian the right to make long-standing decisions about the future of a child, and key aspects of the child's wellbeing - including education, medical care, dental care, and religious instruction. In most of the cases, joint legal custody is awarded to both parents except it is revealed that one of them is unfit, or is unable of making right decisions about the child's upbringing. Legal custody is different from physical custody, which involves issues such as where the child will live. 2. Physical Custody of a child gives the right to grant everyday care for the child. When a physical custody is granted to a parent then he dictates about the living location of the child. Recent custody provisions give physical custody to custodial parent and grant visitation rights and shared legal custody to the non-custodial parent. Usually, visitation rights offer the non-custodial parent exclusive time with the child every other weekend, alternating major holidays, and a number of weeks during the vacations. 3. Sole custody
of a child has exclusive physical and legal custody rights regarding the child. Sole guardianship arrangements are very rare, and are generally restricted to situations where one parent has been deemed in poor condition or unable of having any form of responsibility over a child -- for example, due to drug addiction or proof of child ill-treatment. In sole custody situations, the child's non-custodial parent has neither physical nor legal custody rights, but may be entitled to periods of visitation with the child. 4. Joint custody It has two phases: joint legal custody and joint physical custody. A joint custody order can have one or both parts. Joint legal custody refers to both parents sharing in major decisions affecting the child. The custody order may describe the issues on which the parents must share decisions. Joint physical custody refers to the time the child spends with each parent. The amount of time is flexible. The length of time could be relatively moderate, such as every other weekend with one parent; or the amount of time could be equally divided between the parents. Parents who opt for equal time-sharing have come up with many alternatives such as: alternate two-day periods; equal division of the week; alternate weeks; alternate months; and alternate six month periods. Sometimes neither parent can correctly assume custody of the children. Possibly because of substance abuse, a mental health problem, and absence or incarceration. In these situations, someone other than the parents may be granted custody of the children or given a temporary guardianship or foster care arrangement by a court.
Both Bob Janeway & Munish Rathee are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.
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