How is Child Custody Determined?
If you are facing a divorce, you may be wondering, “How is child custody determined?” There are several factors that the court will consider, including the history of the primary caretaker, the amount of time each parent spends with the children, and the children’s relationship with each parent. In some cases, shared custody is the most appropriate option.
Legal custody
When parents separate, they often have to decide on custody. There are several types of custody, including sole custody and joint legal custody. Joint legal custody involves decision making by both parents, and gives each the opportunity to make major decisions for the child. In contrast, sole legal custody gives one parent sole power over the child’s life, and allows only one parent to make major decisions.
Physical custody
Physical custody is an important issue for child custody cases. In many states, a judge will prefer a shared physical custody arrangement over sole physical custody. This arrangement ensures that a child has frequent contact with both parents. In fact, many states have guidelines to encourage a joint custody arrangement, while others require parents to provide evidence to support sole physical custody.
Shared custody
Shared custody is a legal arrangement in which the court awards both parents legal and physical custody of the child. This means that both parents share the responsibility for the child’s upbringing, health, and religion. Shared custody parents often work with a mediator to devise a parenting plan that determines how the child spends time with each parent during the week and on weekends.
Sole custody
Sole custody is a type of child custody arrangement that grants a parent sole authority over the child. It means that the parent has the right to make major decisions about the child’s well-being, education, religion, and health. While the child is under the physical custody of only one parent, the non-custodial parent will often have visitation rights.
Joint legal custody
Children have a strong sense of self-esteem and are much less likely to develop psychological issues when parents share custody. Children also benefit from parents’ input in decisions regarding the child. Often, parents with joint legal custody work out a parenting time plan that details how much time each parent spends with the child. This plan should also cover transportation costs and decision-making about the child.
Friendly parent rule
The friendly parent rule is a controversial element in child custody determination. Under this rule, the court looks at both parents’ willingness to maintain a close relationship with the child. Those who are more cooperative and respectful will have an advantage in a custody battle. Parents who alienate their children will find it difficult to convince a judge to grant them custody.
Age of child
In child custody cases, the age of the child will have a big impact. Divorce Lawyer Beaumont In the age range of four to twelve years, children are beginning to establish their independent identities and are immersed in activities that occur outside of both parents’ households. In addition, teens are much more difficult to work with in a custody dispute than younger children, largely due to their developed opinions. In spite of this, most judges encourage flexibility from parents when working with teenagers in order to ensure good co-parenting and minimal conflict.
Financial stability of custodial parent
Financial stability is a key factor in determining a custodial parent’s ability to provide for the child. Although income is not an exclusive basis for determining custody, a court may consider this factor if it is related to the other parent’s inability to pay child support or other expenses. If one parent is struggling with substance abuse or is unable to provide housing for the child, this can also impact their custody case.
