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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the Child in most countries, terms such as "residence" and "contact" (known as "visitation" in the United States) have superseded the concepts of "custody" and "access".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. For a discussion of the new international standards, see parental responsibility.
Residence and contact issues typically arise in proceedings involving divorce (dissolution of marriage), annulment and other legal proceedings where children may be involved. 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.
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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. 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.
Forum shopping to gain advantage occurs both between nations and where laws and practices differ between areas within a nation, The Hague Convention seeks to avoid this, also in the United States of America, the Uniform Child Custody Jurisdiction and Enforcement Act was adopted by all 50 states, family law courts were forced to defer jurisdiction to the home state.
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 example, younger children need shorter, more frequent time with parents, whereas older children and teenagers can tolerate and may demand less frequent shifts, but longer blocks of time with each parent.
Sole custody is an arrangement whereby only one parent has physical and legal custody of a child and the other parent has visitation rights.
This is the opposite of joint custody which is shared custody.
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Criticism of policies concerning determination of child custody
Current policies concerning the determination of child custody have been criticized by certain groups. For more information and rationale, see the main article.
Killeen child custody attorney
Guidelines for Child Custody Evaluations in Divorce Proceedings
Introduction
Decisions regarding child custody and other parenting arrangements occur within several different legal contexts, including parental divorce, guardianship, neglect or abuse proceedings, and termination of parental rights. The following guidelines were developed for psychologists conducting child custody evaluation, specifically within the context of parental divorce. These guidelines build upon the American Psychological Association's Ethical Principles of Psychologists and Code of Conduct ( APA, 1992 ) and are aspirational in intent. As guidelines, they are not intended to be either mandatory or exhaustive. The goal of the guidelines is to promote proficiency in using psychological expertise in conducting child custody evaluations.
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Parental divorce requires a restructuring of parental rights and responsibilities in relation to children. If the parents can agree to a restructuring arrangement, which they do in the overwhelming proportion (90%) of divorce custody cases ( Melton, Petrila, Poythress, & Slobogin, 1987 ), there is no dispute for the court to decide. However, if the parents are unable to reach such an agreement, the court must help to determine the relative allocation of decision making authority and physical contact each parent will have with the child. The courts typically apply a "best interest of the child" standard in determining this restructuring of rights and responsibilities.
Psychologists provide an important service to children and the courts by providing competent, objective, impartial information in assessing the best interests of the child; by demonstrating a clear sense of direction and purpose in conducting a child custody evaluation; by performing their roles ethically; and by clarifying to all involved the nature and scope of the evaluation. The Ethics Committee of the American Psychological Association has noted that psychologists' involvement in custody disputes has at times raised questions in regard to the misuse of psychologists' influence, sometimes resulting in complaints against psychologists being brought to the attention of the APA Ethics Committee ( APA Ethics Committee, 1985 ; Hall & Hare-Mustin, 1983 ; Keith-Spiegel & Koocher, 1985 ; Mills, 1984 ) and raising questions in the legal and forensic literature ( Grisso, 1986 ; Melton et al., 1987 ; Mnookin, 1975 ; Ochroch, 1982 ; Okpaku, 1976 ; Weithorn, 1987 ).
Particular competencies and knowledge are required for child custody evaluations to provide adequate and appropriate psychological services to the court. Child custody evaluation in the context of parental divorce can be an extremely demanding task. For competing parents the stakes are high as they participate in a process fraught with tension and anxiety. The stress on the psychologist/evaluator can become great. Tension surrounding child custody evaluation can become further heightened when there are accusations of child abuse, neglect, and/or family violence.
Psychology is in a position to make significant contributions to child custody decisions. Psychological data and expertise, gained through a child custody evaluation, can provide an additional source of information and an additional perspective not otherwise readily available to the court on what appears to be in a child's best interest, and thus can increase the fairness of the determination the court must make.
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Guidelines for Child Custody Evaluations in Divorce Proceedings
I. Orienting Guidelines: Purpose of a Child Custody Evaluation
1. The primary purpose of the evaluation is to assess the best psychological interests of the child.
The primary consideration in a child custody evaluation is to assess the individual and family factors that affect the best psychological interests of the child. More specific questions may be raised by the court.
2. The child's interests and well-being are paramount.
In a child custody evaluation, the child's interests and well-being are paramount. Parents competing for custody, as well as others, may have legitimate concerns, but the child's best interests must prevail.
3. The focus of the evaluation is on parenting capacity, the psychological and developmental needs of the child, and the resulting fit.
In considering psychological factors affecting the best interests of the child, the psychologist focuses on the parenting capacity of the prospective custodians in conjunction with the psychological and developmental needs of each involved child. This involves (a) an assessment of the adults' capacities for parenting, including whatever knowledge, attributes, skills, and abilities, or lack thereof, are present; (b) an assessment of the psychological functioning and developmental needs of each child and of the wishes of each child where appropriate; and (c) an assessment of the functional ability of each parent to meet these needs, including an evaluation of the interaction between each adult and child.
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The values of the parents relevant to parenting, ability to plan for the child's future needs, capacity to provide a stable and loving home, and any potential for inappropriate behavior or misconduct that might negatively influence the child also are considered. Psychopathology may be relevant to such an assessment, insofar as it has impact on the child or the ability to parent, but it is not the primary focus.
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II. General Guidelines: Preparing for a Child Custody Evaluation
4. The role of the psychologist is that of a professional expert who strives to maintain an objective, impartial stance.
The role of the psychologist is as a professional expert. The psychologist does not act as a judge, who makes the ultimate decision applying the law to all relevant evidence. Neither does the psychologist act as an advocating attorney, who strives to present his or her client's best possible case. The psychologist, in a balanced, impartial manner, informs and advises the court and the prospective custodians of the child of the relevant psychological factors pertaining to the custody issue. The psychologist should be impartial regardless of whether he or she is retained by the court or by a party to the proceedings. If either the psychologist or the client cannot accept this neutral role, the psychologist should consider withdrawing from the case. If not permitted to withdraw, in such circumstances, the psychologist acknowledges past roles and other factors that could affect impartiality.
5. The psychologist gains specialized competence.
A psychologist contemplating performing child custody evaluations is aware that special competencies and knowledge are required for the undertaking of such evaluations. Competence in performing psychological assessments of children, adults, and families is necessary but not sufficient. Education, training, experience, and/or supervision in the areas of child and family development, child and family psychopathology, and the impact of divorce on children help to prepare the psychologist to participate competently in child custody evaluations. The psychologist also strives to become familiar with applicable legal standards and procedures, including laws governing divorce and custody adjudications in his or her state or jurisdiction.
The psychologist uses current knowledge of scientific and professional developments, consistent with accepted clinical and scientific standards, in selecting data collection methods and procedures. The Standards for Educational and Psychological Testing ( APA, 1985 ) are adhered to in the use of psychological tests and other assessment tools.
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In the course of conducting child custody evaluations, allegations of child abuse, neglect, family violence, or other issues may occur that are not necessarily within the scope of a particular evaluator's expertise. If this is so, the psychologist seeks additional consultation, supervision, and/or specialized knowledge, training, or experience in child abuse, neglect, and family violence to address these complex issues. The psychologist is familiar with the laws of his or her state addressing child abuse, neglect, and family violence and acts accordingly.
6. The psychologist is aware of personal and societal biases and engages in nondiscriminatory practice.
The psychologist engaging in child custody evaluations is aware of how biases regarding age, gender, race, ethnicity, national origin, religion, sexual orientation, disability, language, culture, and socioeconomic status may interfere with an objective evaluation and recommendations. The psychologist recognizes and strives to overcome any such biases or withdraws from the evaluation.
7. The psychologist avoids multiple relationships.
Psychologists generally avoid conducting a child custody evaluation in a case in which the psychologist served in a therapeutic role for the child or his or her immediate family or has had other involvement that may compromise the psychologist's objectivity. This should not, however, preclude the psychologist from testifying in the case as a fact witness concerning treatment of the child. In addition, during the course of a child custody evaluation, a psychologist does not accept any of the involved participants in the evaluation as a therapy client. Therapeutic contact with the child or involved participants following a child custody evaluation is undertaken with caution.
A psychologist asked to testify regarding a therapy client who is involved in a child custody case is aware of the limitations and possible biases inherent in such a role and the possible impact on the ongoing therapeutic relationship. Although the court may require the psychologist to testify as a fact witness regarding factual information he or she became aware of in a professional relationship with a client, that psychologist should generally decline the role of an expert witness who gives a professinal opinion regarding custody and visitation issues (see Ethical Standard 7.03) unless so ordered by the court.
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III. Procedural Guidelines: Conducting a Child Custody Evaluation
8. The scope of the evaluation is determined by the evaluator, based on the nature of the referral question.
The scope of the custody-related evaluation is determined by the nature of the question or issue raised by the referring person or the court, or is inherent in the situation. Although comprehensive child custody evaluations generally require an evaluation of all parents or guardians and children, as well as observations of interactions between them, the scope of the assessment in a particular case may be limited to evaluating the parental capacity of one parent without attempting to compare the parents or to make recommendations. Likewise, the scope may be limited to evaluating the child. Or a psychologist may be asked to critique the assumptions and methodology of the assessment of another mental health professional. A psychologist also might serve as an expert witness in the area of child development, providing expertise to the court without relating it specifically to the parties involved in a case.
9. The psychologist obtains informed consent from all adult participants and, as appropriate, informs child participants.
In undertaking child custody evaluations, the psychologist ensures that each adult participant is aware of (a) the purpose, nature, and method of the evaluation; (b) who has requested the psychologist's services; and (c) who will be paying the fees. The psychologist informs adult participants about the nature of the assessment instruments and techniques and informs those participants about the possible disposition of the data collected. The psychologist provides this information, as appropriate, to children, to the extent that they are able to understand.
10. The psychologist informs participants about the limits of confidentiality and the disclosure of information.
A psychologist conducting a child custody evaluation ensures that the participants, including children to the extent feasible, are aware of the limits of confidentiality characterizing the professional relationship with the psychologist. The psychologist informs participants that in consenting to the evaluation, they are consenting to disclosure of the evaluation's findings in the context of the forthcoming litigation and in any other proceedings deemed necessary by the courts. A psychologist obtains a waiver of confidentiality from all adult participants or from their authorized legal representatives.
11. The psychologist uses multiple methods of data gathering.
The psychologist strives to use the most appropriate methods available for addressing the questions raised in a specific child custody evaluation and generally uses multiple methods of data gathering, including, but not limited to, clinical interviews, observation, and/or psychological assessments. Important facts and opinions are documented from at least two sources whenever their reliability is questionable. The psychologist, for example, may review potentially relevant reports (e.g., from schools, health care providers, child care providers, agencies, and institutions). Psychologists may also interview extended family, friends, and other individuals on occasions when the information is likely to be useful. If information is gathered from third parties that is significant and may be used as a basis for conclusions, psychologists corroborate it by at least one other source wherever possible and appropriate and document this in the report.
12. The psychologist neither overinterprets nor inappropriately interprets clinical or assessment data.
The psychologist refrains from drawing conclusions not adequately supported by the data. The psychologist interprets any data from interviews or tests, as well as any questions of data reliability and validity, cautiously and conservatively, seeking convergent validity. The psychologist strives to acknowledge to the court any limitations in methods or data used.
13. The psychologist does not give any opinion regarding the psychological functioning of any individual who has not been personally evaluated.
This guideline, however, does not preclude the psychologist from reporting what an evaluated individual (such as the parent or child) has stated or from addressing theoretical issues or hypothetical questions, so long as the limited basis of the information is noted.
14. Recommendations, if any, are based on what is in the best psychological interests of the child.
Although the profession has not reached consensus about whether psychologists ought to make recommendations about the final custody determination to the courts, psychologists are obligated to be aware of the arguments on both sides of this issue and to be able to explain the logic of their position concerning their own practice.
If the psychologist does choose to make custody recommendations, these recommendations should be derived from sound psychological data and must be based on the best interests of the child in the particular case. Recommendations are based on articulated assumptions, data, interpretations, and inferences based upon established professional and scientific standards. Psychologists guard against relying on their own biases or unsupported beliefs in rendering opinions in particular cases.
15. The psychologist clarifies financial arrangements.
Financial arrangements are clarified and agreed upon prior to commencing a child custody evaluation. When billing for a child custody evaluation, the psychologist does not misrepresent his or her services for reimbursement purposes.
16. The psychologist maintains written records.
All records obtained in the process of conducting a child custody evaluation are properly maintained and filed in accord with the APA Record Keeping Guidelines ( APA, 1993 ) and relevant statutory guidelines.
All raw data and interview information are recorded with an eye toward their possible review by other psychologists or the court, where legally permitted. Upon request, appropriate reports are made available to the court.
Killeen child custody attorney Parenthood
Not so long ago I wrote a few articles about my religious convictions (I have none) and the possibility of those for my son. He doesn't have any, yet, that I know of. After all, he's a wee nine months old.
Recently, Time Magazine posted an article about a couple denied the ability to adopt a child because of their religious beliefs. The husband is an atheist and the wife is a pantheist. Before I read this short article I admit I didn't even know what a pantheist was.
John and Cynthia Burke, originally of Newark, New Jersey, who were almost not allowed to adopt their son over thirty years ago for the same reason, were denied the ability to adopt toddler Eleanor Katherine due to their lack of religious beliefs--or, rather, lack of belief in God as a single deity. The judge denied them the right based on New Jersey's constitution that states "no person shall be deprived of the inestimable privilege of worshiping Almighty God in a manner agreeable to the dictates of his own conscience."
Apparently that applies to people who are less than two years old and probably do not have any idea of a higher power. It's possible, perhaps, but questionable. So little Eleanor is once again denied a home, with two people whom the judge claimed had good morals and were ethical. Naturally the Burkes are appealing.
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I can see the point in a way--many people believe it is imperative to provide some sort of religious backdrop when raising a child. Many, however, do not feel it's necessary and believe the child can make his or her own decisions when ready--and that could be at any age.
I simply feel terrible for the Burkes and very saddened for the little girl. The chance for adoption is, as we know, like catching a shooting star in some ways. This little girl had a chance for a loving home and family. Now she's back in an orphanage where she doesn't belong.
Even if you don't necessarily agree with me, or with the judge in this case, don't you think Eleanor deserves to be in a home and not in an orphanage? It's not like these people are murderers or drug dealers or something of that nature. In fact, as the judge himself pointed out they seem like wonderful people.
I hate to see a child denied the right to a family. When there are so many, many children out there without homes it seems foolish to deny one of them the ability to go home.
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He hurt you.
You took the kids and left him.
Now he wants the kids.
Q. WHY SHOULD I APPLY FOR CUSTODY?
A. If your husband or boyfriend hurt or scared you and you left him and took the children, you should apply for custody of the children. There are ways he can use the kids to hurt you more.
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He may tell you he will take the kids away.
He may actually take the kids.
He may tell the police you took the kids from him.
He may not give you money for the care of the children.
He may tell you he can visit the kids any time he wants.
A custody agreement will set out what he can and cannot do.
"When I left Marc, I didn't think I needed to apply for custody since he never seemed interested in our daughters and didn't know the first thing about caring for them. After he saw that I wasn't coming back, he applied for custody and told the police that I had abducted them."
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Q. DO I NEED A LAWYER?
A. It is really important to have a lawyer who will represent your rights and concerns especially if your ex-partner hurt you or scares you.
Q. DO I NEED TO GO TO COURT?
A. If your ex-partner and you cannot agree on a custody plan, you will have to go to court. The court will decide on custody based on "the best interests of the child".
Courts want kids to see both parents. This can be hard if your ex is abusive and you worry about your kids' safety.
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Q. WHAT SHOULD I TELL THE COURT?
A. Tell the court:
your current pattern of care - what you already do for the child
if you have a stable home life
your plan for the future of the child
ALSO REMEMBER:
New changes to the law in February 2006 require judges to consider family violence in custody and access cases. The test the court must apply in determining an application for custody of or access to a child/ren is the best interests of the child test.
Some of the things the court consider include:
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The love, affection and emotional ties between the child and each person claiming custody or access; ties to other family members living with the child; or persons involved in their care
The child's views and preferences;
Ability of each person applying for custody of or access to the child to act as a parent;
YOU OR YOUR LAWYER MUST TELL THE COURT:
If there is violence in your relationship with your child/ren's father, how this violence has affected your child/dren
About any violence (not just physical) or abuse against you; your child; or any other member of the household that has occurred at any time
The changes to the law are new. It is important that your legal representative advise the court of this information.
If you leave your abusive partner and take the kids... according to the law you must allow him access to the kids. Talk to the police, CAS and a lawyer if you fear for their safety.
If it is unsafe for you to see your ex but he has access to the kids... make sure there is someone around when he comes to pick them up or drop them off.
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In both of these cases you may be able to arrange supervised access.
"I knew my ex would try to get the kids if I ever left him. Before I moved out I got a lawyer and filled out a custody application. On the day I left, I sent him a note saying the kids were safe and that my lawyer would call to arrange access."
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CUSTODY AND ACCESS TERMS
Custody and access describes how kids are cared for after parents separate. The parent or parents with custody will have the power to make decisions for the kids. Parents apply for custody.
Sole Custody - one parent has all the responsibility for caring for the child and making all of the decisions in the child's life. The non-custodial parent will usually have 'access' to the child.
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Joint Custody - both parents are responsible for caring for the child and making decisions affecting the child.
Shared Parenting - another term for 'joint custody'.
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Access - the time a parent spends visiting with their child. This is sometimes called visitation.
Supervised Access - happens when there are concerns about the access parent's ability to care for the children. The access may be supervised by family members, friends or in a formal supervised access centre.
Primary Residence - is the parent's home where the child will be spending most of her or his time.
Killeen child custody attorney Non-traditional couples
Non-traditional couples who want to have children have many options. Adoption and artificial insemination are two well known choices. Both of these choices can be expensive. If a couple chooses the sperm donor route, is it a better choice to use an anonymous donor or someone they know?
Four years ago, Tamila Payne and Jennie Ferguson, a lesbian couple living in Texas, wanted to start a family. They approached Ferguson's uncle, Mark Lee, to be a sperm donor for Payne. The situation seemed ideal for the couple, because the baby would have genetic ties to both women. The women also felt like this would avoid the high costs associated with using a sperm bank and the attorney's fees incurred during artificial insemination.
The couple did not consult an attorney, and Payne actually impregnated herself with a syringe at home. In 2004, Payne gave birth to their son, Noah. Mark Lee was even listed on Noah's birth certificate as his father and resided with the couple for awhile in their home.
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What seemed like a perfect plan for this family has turned into a legal nightmare. The couple's relationship ended, and Noah continued to live with his biological mother, Tamila Payne. Noah spent weekends with Lee and Ferguson until he began refusing to go and becoming more and more upset with the visitation arrangement.
Lee is now suing Payne for custody of Noah. Because he was listed as the child's father on the birth certificate, it appears that he has different rights than an ordinary sperm donor. Additionally, he has been a part of Noah's life since birth. What is worse is that Ferguson has no legal rights whatsoever, because no legal agreement ever existed between the parties that outlined everyone's role in Noah's life.
The case seems to get more complicated. The court assigned an amicus attorney to assist the court in protecting the child's best interests. This attorney has recommended that Lee be given primary custody of Noah, with Payne having visitation for one weekend a month.
I am conflicted about the facts of this case. First, how in the world did this turn into a mother getting visitation only once a month? Additionally, should Lee be given the same consideration under the law as a traditional father? He is, by all definitions, the child's father, both legally and physically. Third, is it really fair to Ferguson that she has no rights whatsoever because no piece of paper exists that identifies her legal relationship to Noah?
Unfortunately, this family's choice, made in an attempt to save money and do what they felt was best for their family, has proven to cost considerably more than they ever could have anticipated. The court system is supposed to consider what is in the best interest of the child. In such a complicated situation, what is truly in Noah's best interest? Will he be able to continue his relationship with all of the people who came together to give him life? Is there really an outcome to this situation that works best for everyone, especially Noah?
Killeen child custody attorney - When children are taken into foster care due to alleged abandonment, abuse or neglect, it sets in motion a series of events, including various hearings in juvenile dependency court.
Juvenile dependency court is unlike any other court.
Many of the families of removed children are indigent. Parents attorneys� and children�s attorneys are typically court-appointed. They handle hundreds of cases per year.
They barely know their clients, let alone the parents and the family�s circumstances.
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Yet these overburdened court-appointed attorneys are the just about the only thing standing between children - and removal from their parents and families.
The courts don�t allow much time for parents to defend return of children to their families. In Killeen, sometimes just five minutes or less.
That�s all the time a judge has to get the facts and determine the best outcome. Informed only by attorneys and case workers who have inadequate time and too large caseloads to sort out the truth and come up with solutions.
And so children are removed from their homes � whether or not they should be �
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Your interests can always be better represented by an attorney. You already know that.
But are there times when self-representation is, well, "good enough"?
The following are some very general guidelines about the safest situations in which to represent yourself and the riskiest situations for self-representation. Needless to say, these general guidelines may not apply in your particular case.
Safest Self-Representation Cases:
a marriage in which both partners worked throughout the marriage, earn comparable salaries, have no minor children together and have accumulated no property together to speak of, especially if the marriage is very brief to relatively brief
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a marriage in which neither partner worked steadily or earns much money, they have no minor children together and they have accumulated no property to speak of, especially if the marriage is very brief to relatively brief
a very brief to relatively brief marriage in which the partners have no minor children together and have accumulated no property to speak of
a marriage in which both partners worked throughout the marriage and earn comparable salaries, have accumulated no property together to speak of and where both partners are excellent, involved parents to their minor children together and each parent wants the other parent to stay very involved in the life of their child(ren)
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a marriage in which neither partner works steadily or earns much money, they have accumulated no property to speak of and both partners are excellent, involved parents to their minor children together and each parent wants the other parent to stay very involved in the life of their child(ren)
any marriage in which the partners have no children together and they are aware of and able to agree on how to divide all property and all support issues and, probably, their agreement is not patently unfair
any marriage in which the partners are aware of and able to agree on how to divide all property and all support issues, their agreement provides adequately for the care of the children and reasonable visitation with the non-custodial parent and, probably, their agreement is not patently unfair in regard to financial matters
Riskiest Self-Representation Cases (or Do Yourself a Big Favor and Figure Out A Way to Retain a attorney):
either partner has a criminal record
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either partner is accused of domestic violence, including child abuse
either partner is accused of sexual abuse
either partner is accused of non-physical abuse (verbal, emotional, psychological, psychic, etc.)
either partner is neglectful and/or irresponsible
either partner suffers from inadequately treated mental illness
either partner has a physical disability or other significant health issue
either partner is not mentally competent (example, Alzheimer's disease)
either partner abuses alcohol or any other substance
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either partner is accused of abandonment
either partner is accused of poor parenting skills or judgment
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either partner or caretaker of children is accused of illegal immigrant status
either partner is overextended financially and on the verge of bankruptcy
either partner owns a privately held business
either partner has a history of defaulting in financial obligations such as court-ordered support of other children or previous spouse
either partner is believed to be hiding assets
either partner is believed to work for cash payments
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either partner has a history of willful refusal to work for a living
either partner has recently moved to another state, particularly if a child of the relationship was taken
either partner has recently moved to another county, particularly if a child of the relationship was taken
either partner has threatened to run off with the children
either partner has tried to limit or interfere with visitation of the children
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either partner has badmouthed the other to the children
either partner has stated that the other is able to support the children without assistance
either partner has warned that he or she will not provide any financial support where the other partner may be entitled to it
either partner is just plain disagreeable for the sake of it
the other partner's lawyer is just plain disagreeable for the sake of it
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the other partner's lawyer is consistently extremely aggressive, contentious and intimidating
the case has already started and the judge has strongly encouraged you to hire a lawyer or
the case has already started and the judge really doesn't seem to be seeing things your way at all
Killeen child custody attorney What does having custody of a child mean?
In Florida, having custody of a child means having the responsibility for taking care of the needs of a person under the age of 18 years of age. Custody may be further defined as "physical custody" and "legal custody."
Physical custody means the physical care and supervision of a child.1
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Legal custody is a legal position created by a court order which gives the custodian the right to have physical custody of the child and the right and duty to protect, train, and discipline the child and to provide the child with food, shelter, education, and ordinary medical care.
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Killeen child custody attorney: Who is entitled to custody of a child?
Both parents are entitled to custody in Florida. It is the public policy in Florida to assure that each minor child has frequent and continuing contact with both parents and to encourage parents to share the rights and responsibilities, and joys, of child rearing. Unless the court determines that it would be detrimental to the child, the court will order that parental responsibility be shared. In making a determination about custody, the court must decide what are the best interests of the child. For information on what are the best interests of the child, see the response to question on this page: "How will a judge make a decision about custody?" 2
Note: In Florida, a member of a child's extended family may be granted temporary custody of a child. For more information see the response to the question on this page: "I am a member of the extended family (brother, sister, grandparent, aunt, uncle or cousin) of a child who is living with me. Can I get custody of the child?"
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Note: When there are reasonable grounds to believe ("probable cause") that a child has been abused, neglected, or abandoned or is in imminent of danger of illness or injury because of abuse, neglect or abandonment, a child may be "taken into custody" by a law enforcement officer or other authorized person and placed with a non-relative who is a responsible adult approved by the Department of Children and Family Services. When a child is "taken into custody" in this manner, a temporary status of "custody" is created involving complicated legal procedures. Please contact a lawyer if you need help regarding a child who has been taken into custody. If you need assistance in finding a lawyer, you may call the bar association in your county. Also, the organizations listed on our FL Links & Resources page will be able to refer you to a lawyer or another organization that will be able to assist you.3
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Killeen child custody attorney
When parents divorce, they have to decide where the child will live. They also have to make decisions regarding the upbringing of the child. Child custody laws describe the rights and responsibilities of parents for their child.
Physical custody will generally describe who the child will live with. The parent may agree on physical custody, or the court may order a parenting plan. In general, a child will live primarily with one parent. The parent would be considered as sole physical custody. The other parent would be non-custodial parent. If the child lives equally with both parents, the parents are said to have joint physical custody.
Legal custody will generally describe the decision making on upbringing of the child. In most cases, both parents will have joint legal custody of the child. However, the court awards sole custody to one of the parents in some cases.
Legal custody is very different from physical custody. For instance, a parent with legal custody has the right to decide on the child�s medical care, dental care, education, and religion. However, the child may or may not live with that parent. It is important for the parent to understand the difference before making a request for legal custody.
Legal battles over child custody can be long and expensive. Both parents will need to pay very expensive legal fees to family courts and family law attorneys. If it is possible, parents should come to an agreement on physical and legal custody of the child without the family courts
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define temporary custody of a child as a decision made by the parents at the time of separation. Sometimes what could be in the best interest of the child at the time of separation might not be the best for the child down the road.
Legal custody is the next step of the Oklahoma child custody process. This is determined by which parent is able to make the legal choices for the child. The choices include education, health care, religion, and what�s in the best interest for the child�s general welfare. Joint custody and legal custody are two different things in Oklahoma. Joint legal custody splits the decision making responsibilities between the parents while sole legal custody allocates all of the decision making power to one parent.
Physical custody is where the child will actually get to live. This is split into two categories; sole physical custody and joint physical custody. Sole physical custody is given to the parent that the child actually gets to live with. The other parent is limited to visitation right determined through mediation or by the Oklahoma court system. Joint physical custody is a very rare circumstance in the state of Oklahoma. Joint physical custody would allow the child to live with both of the parents for a given set of time. Rarely is it determined that joint physical custody is in the best interest of the child. The courts in Oklahoma do not judge parents on gender, school district or the life they live. In difficult times it is important to know that the decision will be made based off of what is in the best interest of the child.
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Child custody is a major proceeding involved in divorce cases. It is done to determine who shall have custody of the child or children. As child custody cases are rather sensitive issues, it is always advisable to hire an efficient child custody lawyer.
Child custody laws in Indiana are similar to those in other states. The Arizona court laws decide on child custody according to the child's best interests. Other factors considered by the court include the wishes of the parents, the interaction and interrelationship of the child with the parents, and the degree to which the parents have compelled the child in the child custody agreement. The child's adjustment to home, school, and community as well as the mental and physical health of all individuals involved are also discussed.
The court has the right to order either a sole custody or a joint custody agreement. Joint custody shall not be awarded if the court finds the existence of significant domestic violence or a history of domestic violence. Unless restricted by court order or law, both parents are entitled to have equal access to information concerning the child's education as well as physical, mental, moral, and emotional health, including medical, school, police, court, and other records.
Indiana child custody lawyers insist on all possible legal rights for children and guide them through a suitable course of action. Effective, concerned, and at times aggressive legal representation is essential to obtain a suitable verdict. Only thorough, preventive estate planning with the assistance of child custody lawyers can protect a family and ensure that assets are inherited by chosen individuals.
A Indiana child custody lawyer has to be engaged as early as possible because time is a very crucial factor in preparing and analyzing child custody cases. The rates of Arizona child custody lawyers are around the national average.
Indiana child custody lawyers are members of the Arizona Trial attorneys Association and the Association of Trial attorneys of America as well as the American Bar Association.
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If you are having a child custody dispute with your ex-spouse, it is in your own interests that you should familiarize yourself with the child custody law. This will give you a better understanding as to how the law works.
Child custody has two basic aspects to it. One is legal custody and the other is physical custody. Legal custody gives the parent the responsibility regarding the child�s health, education and welfare. The parent also has to make the appropriate decision for the child. If only one parent is given the legal custody of the child, then that parent has to make all the decisions and he / she does not have to consult the other parent while making the decision.
There can be situations where both parents have the legal custody of the child. In those circumstances, the decision on the child�s health, education and welfare has to be made by both parents jointly. Usually this sort of situation does not arise as the court knows that the parents may not agree with each other.
Physical custody allows the child to live with one parent. Sole physical custody is that when the child lives primarily with one parent and while the other parent has visitation rights or the child can visit the parent at his / her home.
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Then there is joint custody where the child spends equal time with both the parents.
Physical custody is the most contentious issue as both parents end up fighting for the child. However, it is the court that decides after taking the child�s interests into consideration. There is no doubt that it is not practical for the child to spend equal time with both the parents. It can also cause psychological trauma to the child. That is why parents have to focus on the child�s interest rather than on each others shortcomings.
Child Custody Laws Pennsylvania
If you are going through a divorce, you should sit with your spouse and first work out the custody arrangements and everything associated with it. Once you have reached this arrangement with mutual consent, you can be sure the arrangement would have the best chance of working out rather than those enforced by the court when there is a legal battle for the child.
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Child custody laws vary from state to state. However, when looking into child custody laws, there are some general laws that apply. It is important that when dealing with a custody case, you have a full understanding of how the different laws will affect your individual case.
Most often, the court that has jurisdiction over the divorce proceedings, also has say so in the custody of the children. Whenever a child is born to parents who are married, they both have equal legal rights to the custody of the child should they separate.
The most important consideration in a child custody case is what is in the best interest of the child. The child's well being takes precedence over the parents wants and desires. Some states believe it is in the best interest of the child to maintain frequent contact with both Mom and Dad. Often times, the parent who is able to be the most supportive of this notion is appointed as the custodial parent.
The custodial parent is the term used for the parent who spends the majority of time with the child. Therefore, a non-custodial parent is the term used for the parent who spends less time with the child.
Killeen child custody attorney: Most states have an arrangement is place, should both parents disagree on custody of the child. Often times, the parents are required to attend mediation in order to work out a visitation plan that both Mom and Dad can agree upon. With mediation, the parents meet with a neutral third party, who then helps the parents to try and resolve their differences, as they relate to custody.
However, if mediation fails, the parents can then take matters into court. They can present both sides of their cases to the judge and let him or her make the final decision as to the custody of the child.
Child custody cases can be extremely difficult and expensive. A mutual agreement is preferred, since joint custody is more likely to be utilized, than if a judge were to make the decision for the parents.
There are many factors that come into play in the case of child custody. Since the laws vary from state to state, it is important that a local lawyer be consulted. Be sure to familiarize yourself with the laws of your state, before going forward with a child custody case.
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Abusing women is becoming an epidemic in the current world. Witnessing a physical assault on their mother and growing in such an environment can have a devastating impact on the growing minds of children. According to a research conducted by American Judges Association, 75 percent of child custody cases that go through intense battle between the parents involve history of domestic abuse. And interestingly, the men who perpetrate domestic violence on the mothers often contest for the custody of the child. But, there is a sharp contrast in the decisions taken by different courts with respect to battered mothers and child custody.
According to a research report published by Battered Mothers Testimony Project (BMTP) in 2002, courts are biased towards battered mothers. Courts have been inefficient in protecting battered mothers and children from physical abuse. Often, fathers or batterers are preferred more than the battered mothers in awarding the custody of the child. According to the findings of BMTP, courts have violated human rights. They have allowed the batterers to continue with their abuse through court system. During the court proceedings, mothers are treated with disrespect by the investigators. They are harassed emotionally and financially.
According to a gender based study conducted by Massachusetts Supreme Judicial Court Gender Bias Task Force, many judges, investigators and family service officers usually ignore physical abuse of women while determining this and visitation. Even if any woman accuses her husband of physical abuse, it is considered as an act of revenge. Surprisingly, during many of these trials, the batterers have been awarded with either joint custody or sole custody of the child. According to this report, in almost 94 percent of the cases involving battered mothers and child custody, the fathers have received sole or joint child custody.
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When searching for child custody information, it's important to research all the child custody laws in your state and become familiar with the terminology used. Though all the child custody laws may not affect your case now, you never know what's going to happen before your case is settled. That's why it's important to gather as much child custody information as you can find because, in this all important battle, you don't want to have any surprises later on.
Since child custody issues are played out in the legal field, the most important place a parent needs to go for the complete range of child custody information is a lawyer. A lawyer will help you to analyze your unique situation and find a solution that fits you and your children best. They will know the intricacies of the law and can assist you through any unusual situation you might be facing.
Before you talk with a lawyer, make sure that they are familiar with child custody cases and will truly fight for you and your children. After all, you don't want to take the child custody information you receive and realize later that the lawyer's advice was outdated or that he hadn't told you about certain laws or their implications on your case. This is why the first thing you should research when looking for child custody information is how to find the right attorney.
The right attorney can make a world of difference in your child custody case. Likewise, the wrong attorney can take a strong case and misrepresent it or fail to get it in front of the judge.
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So how do you go about finding accurate and comprehensive child custody information? Look online to see if you can find ebooks, resources and support groups that can advise you during this tumultuous time. Find forums where you can ask experienced parents and informative counselors or lawyers all the questions you need. The library is always a great place to find free information as well, but you will need to make sure that you are looking at the most recent edition of the law before you make any decisions.
Without comprehensive child custody information, you'll find yourself constantly wondering if you did the right thing. Take the time to do the research now, and you'll not only be better prepared, but you'll have better peace of mind with your decisions.
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When you are faced with child custody challenges you need the right Florida custody lawyer working on your behalf. You want to make sure you have good representation at the onset. The amount of money you may spend finding the right Florida child custody lawyer is worth the benefits, but you must do your due diligence.
A good Florida child custody lawyer should be a Certified Family Law Specialist or a member of the American Academy of Matrimonial attorneys. These qualifications mean they have specialized in Family Law. Although having these credential don�t guarantee your outcome, it does mean they know there way around Florida child custody laws.
You want to start your search for a Florida child custody lawyer by using referrals from family and friends, online directories, Bar Association referrals, Yellow Pages and the like. Ask for a free consultation. This will give the lawyer an opportunity to apply for the job of representing you in this matter. If you look at the consultation in this manner you will ask more questions of the applicant (lawyer). Remember, this is a consultation. When initially consulting with a Florida child custody lawyer you aren't under any obligation to retain there services. This is the best time to get all your questions answered. Ask them if they are familiar with the judges who handle custody cases in you area. What is the norm for a case such as yours? Give them details. You want to interview with at least three different lawyers to get a feel for their knowledge. It won't be hard finding a Florida child custody lawyer eager to take on your case, but you must feel comfortable with their level of competence.
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After completing your one on one consultations you should have a few good Florida child custody lawyers to choose from to represent you. Find out what their current caseload is so you will know how much time they will have to spend on your particular case. It is also a good idea to check them out with the Florida Better Business Bureau and the Florida Bar Association. You want to know if there are claims against the lawyer by others they have represented in the past.
Divorce and child custody cases are trying times, but you must use the best Florida child custody attorney you can find and afford. You should feel confident that your lawyer can best assist you in winning your child custody case.
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That is the ultimate question that will pop up once a divorce started to run on the wheels of court. Along with the legal arguments and circumstances to nullify a marriage, there are also legal remedies that will be brought out to family courts to decide on the primary custody of the children.
In most instances, there are divorced parents who come into a mutual agreement with regards to the physical custody of their children. They set aside their differences and arrive on a shared custody of the children which means that they share a 50/50 legal as well as the physical custody of the children. As parents, they have nothing in mind but to raise the children in a loving environment that they used to have when divorce was not yet in the picture. Coming into a mutual agreement is a good move for settling the custody dispute of the children.
However, there are also instances where settling the custody dispute does not come with an immediate solution. Divorced parents are still battling out on the legalities of issues with regards to the legal custody of the children that needs to be brought out into family courts.
Just like any other cases filed in court, there is a hearing that will be conducted as an avenue for legal arguments and law interpretation. And your child custody lawyer will be doing the legal matters inside the courtroom.
A child custody lawyer will be your legal representative in family courts and will be the one who will establish your right for the custody of your children. By using out all legal remedies as well as circumstantial evidence that may be present, he will try to give to you the legal authority over your children.
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Aside from being your representative in legal arguments, he will also be assessing your potential win in child custody cases. Often times, he will conduct a case review where he will evaluate all the details of your case as well as the remedies that you can use in battling out for your right over the custody of your children.
In addition, he will also be interpreting the laws of the state where the child custody case falls. Since laws vary from state to state, it is important that you also have an idea on state laws governing child custody. That is why it is wise that you get a child custody lawyer based within the state�s jurisdiction. Wide knowledge with regards to state laws will be your lawyer�s defense in battling for your custodial rights.
But remember, even when the child custody lawyer that you have hired is really good, the case will be decided by the judge according to the laws of the state as well as the pieces of evidence that you have presented. Your lawyer will be the one who will argue for your right, but certainly he will not be the one to dictate the outcome of your child custody case. It is still within you if you will win the case. That is why as mentioned earlier, most child custody lawyers conduct case review first before plunging in to legal arguments in courts.
Your children are at stake here�getting a child custody lawyer is a way to fight for your right to them.
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I will not say there is no Federal law, but most all child custody law is determined by individual states, each having laws pertaining to that individual state. The state which, is the child's established residency, is the state that will hold jurisdiction. These states usually have basic laws and regulations similar to each but you must know the law of the exact state because no two are the same.
General child laws include determining what is in the best interest of the child. State law is not interested in what is better for one parent of another. Most states generally agree that continued contact between the children and both parents are most effective.
Determining custody has many factors involved, including but not limited to; finances, health and the lifestyle chosen by a parent. Other factors are the children's age, sex and current living conditions as well as the children's feelings if old enough to give input.
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Child custody law is basically made up of two types of law, legal and physical.
Legal gives both parents or one of the parent's legal rights involving religious beliefs, health, education choices, activities, etc. If one parent is given these rights the other cannot legally stop these decisions. Both parents can have legal child custody.
Physical is when a child lives with one parent more than the other. When this occurs the parent who does not have physical rights can still have legal rights. Physical child custody can also involve joint physical custody where both parents share custody about an equal part of the time.
Child custody laws account for determining visitation rights for the parent who does not have physical child custody as well as child support payment decisions when applicable.
The only sure way to be ready to protect yourself and your child when these cases are to be determined is to be prepared. You cannot take for granted the kids are coming with you. Remember what you will do to gain child custody? What would you not do? Your ex is thinking the same thing right now.
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You must be prepared before you obtain a lawyer, retaining the wrong lawyer cannot only be expensive but more importantly will hinder your best chance win.
You and your child deserve the best possible future, all the horror stories about divorce and child custody are not always true, but when they are they become nightmares for a parent who does not know where or who to confide in, in these trying circumstances
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