Child custody is a legal phrase meaning a legal and functional relationship between a parent or legal guardian and a child in the care of that person. This relation is often referred to as the “custody” of the child or more commonly referred to as “visitation”. Child custody also means the responsibility for the child’s welfare including education, healthcare, shelter and safety. A child’s life is entrusted to the care of the custodial parent. Custodial parents may be fathers, mothers, legal guardians, aunts, uncles or other relatives.
Generally in a child custody dispute; one parent is typically awarded physical custody of the child. This means that parent has the right and responsibility to make decisions relating to the child’s welfare including educational decision making, medical decision making and the child’s shelter and welfare. If a child has been removed from the home and placed in the care of another parent, the court will have to determine what is in the best interests of the child. This determination is made by a judge depending on what is in the best interest of the child.
- When determining what is in the best interest of the child, courts look at the child’s relationship with both parents and whether the child has had significant contact with both parents.
- The judge may consider how long the children have lived with each parent and the type of relationship with each parent has with the child.
- The judge may also look at the residence and location of each parent and the welfare of the child.
- Another factor the court considers is the ability of each parent to care for the child and provide a suitable living situation for the child.
In most states, the parties involved in the child custody case can work out an agreement regarding the parenting plan: either through custody and visitation mediation or the family court. If mediation cannot come to an agreement, the family court can decide which party is more likely to have joint physical custody. Visitation can be granted to both parents or one parent and one child can be cared for by another parent. Most family court judges prefer joint physical custody, but they are always open to hearing the case from the parties and consider what would be in the best interest of the child.
Once the parties have decided on a shared parenting plan; the judge will prepare the custody and visitation schedule. Along with this schedule is the custody and visitation schedule that outlines who will make the major decisions about the child. The judge will take into consideration how old the child is and his or her adjustment to new circumstances. The court may also consider any change that has occurred in either the parents’ lifestyle or that of the child. These situations should be brought to the attention of the parents and the court will take appropriate action. If there are any changes that need to be made, the parent must notify the court.
Once the child custody case has been completed; it’s very important decisions are made about financial matters. This includes child support, which is often ordered by the court based on the schedule you’ve set up. It is very important that parents remain on good terms, because they have to work together to provide the necessities and it is beneficial for the children to see both parents actively involved in their children’s life. Once the parents have established a parenting plan, they should both continue to try to establish a good relationship with the other parent. This will help them maintain a good record and it’s also important to show the court that the child custody arrangement is in the best interests of the child.
