Common Questions About Child Custody
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For those who are not familiar with the process, child custody is an issue they would much rather not get involved with. But, since divorce brings with it the very difficult problems of child custody, along with other attendant conflicts, many people are now finding they need to learn more about the topic.
Following are some of the common questions asked by people who are not familiar with the subject. The answers are collected responses from some child custody attorneys. Obviously, child custody laws are not the same in all states. The following answers are provided in general terms to the extent that they apply and/or are recognized by the courts.
What Is Custody? "Custody" determines who is responsible for the child or children in cases when their parents do not live together. This will apply to couples who are separated, divorced, or who have never been married to each other.
How Does Legal Custody Differ From Physical Custody? When a parent has been granted physical custody, it refers to the situation in which the child will spend time living at home with that parent on a routine basis. If the custody is specified as "joint physical custody", then the child is bounced back and forth between the parent's homes.
When a parent has been given "sole legal custody", then that parent has the sole legal right to make decisions regarding the child's education, health, and overall welfare (schools, doctor, etc). For "joint legal custody", both parents will share in making the relevant decisions.
How is a Decision Made? A judge usually gives his or her approval to a custody plan agreed on by the parents. If the parents cannot agree, they will have to speak with a mediator or counselor to help work out a plan. The judge will make the decision on any disputed issues that both parties are unable to resolve.
Can a Child Still See a Parent Not Awarded Physical Custody? Certainly. The court will usually issue an order stating that the non-custodial parent be given generous visitation rights with the child. However, this can, and will, be restricted in cases where domestic violence has occurred or is suspected, or in cases where a parent's ability to care for the child is under question.
What Happens If The Custodial Parent Forbids The Child's Visit To The Other Parent? The denied parent can ask the court for a "contempt" order. The custodial parent who is denying visitation will receive court sanctions. If it can be proven to have been done on purpose, the non-custodial parent may have grounds to be granted the child's custody. The judge will first require the couple to attempt to work out things with the help of a mediator.
Can A Custody Arrangement Be Altered If It Doesn't Work? Parents usually are able to change a custody arrangement that doesn't work, provided they are able to suggest a new plan, and they then ask the judge to make it official. If the parents continue to disagree, they can ask the judge to decide on the changes. The judge's decision will be based on the best interests of the child. This can be difficult if the child has been well-cared for, or if the original custody plan has been in place for some time.
Can Anybody Besides The Parents Have Custody Over A Child? In the State of California, a judge must give consideration to the parents first, either singly or together. A judge can, however, give custody to another relative (a grandmother, step-parent) or a friend, regardless of the parents' consent. This can occur if the judge believes that giving custody of the child to either parent would be detrimental to the child.
Article Source: Articlelogy.com
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