eg: UK or Brides UK or Classical Art or Buy Music or Spirituality
 
eg: UK or Brides UK or Classical Art or Buy Music or Spirituality
 

Your Online Guide » Divorce Guide » Custody of Child

[C570]Child Custody Or Visitation
by Christine Layug, Chr
Child custody and guardianship are legal terms which are sometimes used to describe the legal and practical relationship between a parent and his or her child, such as the right of the parent to make decisions for the child, and the parent's duty to care for the child.
Following ratification of the United Nations Convention on the Rights of the Child in most countries, terms such as "residence" and "contact", or known as "visitation" in the United States, have superseded the concepts of "custody" and "access". Instead of a parent having "custody" of or "access" to a child, a child is now said to "reside" or have "contact" with a parent. Learn more about this with the Austin divorce lawyer.
Issues such as residence and contact typically arise in proceedings involving separation such as annulment and divorce or dissolution of marriage. In most jurisdictions the issue of which parent the child will reside with is determined in accordance with the best interests of the child standard.
Family law proceedings which involve issues of residence and contact often generate the most acrimonious disputes. While many parents cooperate when it comes to sharing their children, not all do. For those that engage in litigation, there seem to be few limits. Visit the Austin divorce lawyer for more information about this.
Court filings quickly fill with mutual accusations by one parent against the other, including sexual, physical, and emotional abuse, brain-washing, parental alienation syndrome, sabotage, and manipulation. It is these infrequent "super-heated" custody battles that make the news and sometimes distort the public's perceptions as to the prevalence of such disputes and the adequacy of the court's response.
In some places, courts and legal professionals are beginning to use the term parenting schedule instead of custody and visitation. The new terminology eliminates the distinction between custodial and noncustodial parents, and also attempts to build upon the so-called best interests of the children by crafting schedules that meet the developmental needs of the children. For more information about child custody and divorce proceedings, then visit the Austin divorce lawyer for more details.

A child custody evaluation can be ordered by a court if you are involved in a custody dispute with your spouse. The custody evaluation can be required in an initial custody case or in a subsequent case if one of the parents requests that the issue of custody be modified. If you are seeking primary custody of your child, you'll want to know the guidelines for the child custody evaluation that you will have to undergo. To some extent, these guidelines vary from state to state, so you will need to discuss the child custody evalutaion process with your attorney or your state family court.

In general, a child custody evaluation involves a series of meetings between the parents and children and a professional who will assess the custody issue. Sometimes that professional is a psychologist. Sometimes it is a professional with an Masters and sometimes a Doctorate degree. In some states the professional simply investigates and reports the details of the investigation to the court. In other states, the professional doing the child custody evaluation actually gives the court a recommendation as to how custody should be determined.

The manner in which a child custody evaluation is used by a court can also vary from state to state. In some states, the judges put a higher priority on the wishes of the children and that issue is addressed in the custody evaluation. In some of those states, the child's wishes are considered if the child has attained a certain age. InIllinois, the child's wishes is a key factor. In other states, it is only one factor or not a factor at all. In Alabama, a chid's desire is not considered as a reliable factor in determininig custody, so the factors to be given priority over the child's wishes in the child custody evaluation are more focused on the well being an safety of the child.

A child custody evaluation can involve an investigation into moral habits and issues such as alcohol or drug use, church affiliation and family support system. Other issues that can and often are reviewed in a custody evaluation include factors that are unrelated to moral habits, but which are more focused on the determining which parent can satisfy the child's needs, include the ability to provide an appropriate home, school support, and so forth.

A child custody evaluation can take months to conclude. The investigation aspects can include a review of any existing counseling records for the family, either or both parents, or the children, any mental health records for any of those parties, any criminal records, school records for the children, and one or more interviews with each parent and child and any other individual that the court deems appropriate. For example, if a companion or significant other is living with a parent, that person could have an impact on the day to day lives of the children. The court may want that person included in the child custody evaluation. Some of the evaluation interviews are conducted individually, and some are conducted with parent and children together. That format is dictated by the professional conducting the custody evaluation.

If you are involved in a custody dispute and you will be involved in a child custody evaluation, speak with your attorney about the process that you and your children will be subjected to. Be prepared and open and provide all of the information that is requested of you. Most of all, find out what you are able to say to the children to prepare them for the interviews that they will have to attend.

Article Source : Pg. 3

About Author
Both Christine Layug & Jean Mahserjian 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.

Christine Layug has sinced written about articles on various topics from Shopping, Public Relations and Finances. . Christine Layug's top article generates over 1830000 views. to your Favourites.

Jean Mahserjian has sinced written about articles on various topics from Child Custody, Criminal Defense Law and Divorce and Infidelity. . Jean Mahserjian's top article generates over 1900 views. to your Favourites.
EditorialToday Divorce Guide has 1 sub sections. Such as Divorce Guide. With over 20,000 authors and writers, we are a well known online resource and editorial services site in United Kingdom, Canada & America . Here, we cover all the major topics from self help guide to A Guide to Business, Guide to Finance, Ideas for Marketing, Legal Guide, Lettre De Motivation, Guide to Insurance, Guide to Health, Guide to Medical, Military Service, Guide to Women, Pet Guide, Politics and Policy , Guide to Technology, The Travel Guide, Information on Cars, Entertainment Guide, Family Guide to, Hobbies and Interests, Quality Home Improvement, Arts & Humanities and many more.
About Editorial Today | Contact Us | Terms of Use | Submit an Article | Our Authors