Child Custody Rights
What are child custody rights?
Child custody rights and responsibilities detail who will have legal and physical custody of the child. A family court judge determines what rights are awarded to parents, grandparents, step-parents, and other legal guardians. These are awarded based on the best interests of the children involved. In these cases the biological parents are favored by legal judgments and are deemed suitable guardians. Any child support payments will also be determined where applicable in the child custody rights cases. Since the 1970s the family court awards the child custody rights regarding the best interests of the child. The court judge decides whether the child custody rights may be shared by both parents or may be awarded to one parent or legal guardian. Before 1970, family courts used to favor mothers in child custody rights cases. This practice is still held by some family law judges, but when determining child custody rights, they will always make a fair assessment of the child’s best interests. In 70% of the cases, child custody rights are awarded primarily to the mother of the children, while primary child custody rights are awarded to fathers only less than 10% of the time. Parents will be free to determine the division of child custody rights in most of the cases that don’t involve abuse or neglect. This can be determined as long as the arrangement is approved by a family court judge. Joint custody is awarded about 20% of the time. Joint custody means that child custody rights and responsibilities are shared by both parents. The child custody rights can be determined by the parents when there are no major discrepancies in the terms sought by each party. Mediation is the process by which a neutral third party (often a court) intercedes to facilitate decisions about child custody rights. If and when the terms of this parenting plan is agreed through mediations and approved by a judge, the terms will be upheld. If any disagreements arise over child custody rights, the case will be heard by a judge. The judge will ultimately determine the child custody rights. The best way to come to an agreement is without the need of a judge because some of the custody rights the judge determines might be in your disadvantage. Several factors will be taken into account when a judge hears a child custody rights case. His decision will be based on these factors and he will take each one of them into account when taking that decision. Some of the following factors will be taken into consideration to determine the child custody rights: the age of the child, past parenting behavior, the amount of time a parent can dedicate for the proper raising of the child and the child’s preference for one of the parents, financial considerations, and household stability. The expert testimony of a psychologist is often needed. The psychologist will evaluate the child custody rights options by looking at a number of relevant factors and other specifics. Aside the psychologist’s opinion, children may be allowed to testify at any age. For younger children, special considerations are made.
Types of child custody rights
There are three types of child custody, temporary custody, legal custody and physical custody. Each of these three types has different custody rights. The child custody rights involve both physical and legal rights and responsibilities. Temporary custody means that at the time of separation, the temporary custody arrangements might very well be assumed by the two parents. Both parents have all the custody rights.However, it is essential that the issues related are thoroughly discussed in order to successfully reach a binding and lasting mutual agreement. Physical child custody rights refer to who will actually take care of the child. This defines who the child will live and spend time with. Physical custody can be Sole physical custody, when the child lives with one parent and the other has specific visitation rights, or Joint physical custody, when a child is able to reside with each parent for a substantial amount of time during the course of a calendar year. Some states will award joint physical custody to both parents when the child spends significant amounts of time with both parents.Legal child custody rights refer to parental decision making power yielded over the major events of a child’s life. These include education, health care, activities, religion, and his or her general welfare. Legal custody can be Sole legal custody, when only one of the parents has these rights, or Joint legal custody, when both parents hold the right to make legal decisions for the child.In most states, courts are moving away from awarding sole custody to one parent. The courts are enlarging the role a divorced father plays in his children’s lives. You must keep in mind that the child is the most vulnerable person in the divorce action, and unfortunately, the legal system does not completely protect him. Most of the times, the child views both his parents as equals. Any change in the relationships as a result of the divorce process can be emotionally devastating for the child.
