Child custody is a legal term in relation to guardianship that describes the legal and social relationship between a child or children in the care of a non-custodial parent. This relationship is created through a custody and access agreement between the custodial parent and non-custodial parent. A Custody Award is issued by a judge to a qualified custodial parent to award custody of the child to that parent. In some jurisdictions, a Custody Evaluation is required before a Custody Award is issued. The evaluator determines if the placement would be in the best interest of the child;
- In most jurisdictions, a judge makes the initial determination about child custody and any changes in the parenting plan are made according to the judge’s findings.
- An agreement between the parents is required to help establish the child custody and any changes in the parenting plan.
- An agreement may include provisions about who will make major decisions for the children.
- For example, it may allow one parent to be the primary caregiver and the other be a second party.
- The judge may also require both parents to attend parenting classes with them.
- The court must determine what type of parenting plan is in the best interest of the child.
In cases where there is no parenting plan or; where the parties cannot agree on a plan, a judge will decide in favor of the spouse who is the primary caregiver. There is another exception to the primary caregiver rule and that is when the child is living with both parents and the child has fewer than five hundred days with each parent during the course of their developmental years. If the child spends more time with both parents, the court will make the determination about child custody. These situations typically involve a lengthy divorce and the parents are often emotionally distraught about the issue.
In many jurisdictions; there are custody orders regarding visitation. In most jurisdictions, judges require joint physical custody. This means that one parent has the right to be with the child every day. If either parent does not have regular access, the judge will issue custody orders that specify the times the child will be with each parent.
Another important decision in child custody; is about the schedule for legal custody and physical custody. Both parents can establish a schedule for legal custody and physical custody. If the parents live near each other, the judge will probably order joint legal custody. If the parents do not live together, the judge will probably award sole legal custody to one parent. This schedule will likely be modified every few years based on the changes in the circumstances of either parent and the preferences of the children.
Another important decision in child custody; is whether the child will spend time with the noncustodial parent. In most jurisdictions, joint physical custody is granted unless the judge finds that the physical harm inflicted on the child by the custodial parent significantly limits the child’s development. If the judge does grant joint legal custody, the noncustodial parent may be ordered to pay child support or assistance with the other parent’s child custody.
