Bob Janeway asked:


What is child custody?

Child custody and guardianship refers to the practical and legal relationship between a parent and his child, which includes caring and making decisions for the child. The concept of the terms ‘custody’ ‘access’ or ‘visitation’ have now been replaced by ‘residence’ and ‘contact’. Instead of the courts stating that a parent has ‘custody’ of a child, the child is now being said to ‘reside’ with that parent.

Child custody is an issue that typically rises from incidents such as divorces, annulments and legal actions that involve children. Common statutory provisions state that the child born within a marriage will get the joint guardianship of the parents and the right of either parent to the child’s custody after their separation is equal.

However, the issues involving residence and contact will be determined based on what the courts see as the most positive for the child’s interests. In fact, legal professionals are already referring to custody and visitation as ‘parenting schedule’ in order to remove any negative connotations about the distinction between the parent who gets child custody and the parent who does not.

Who decides?

Most laws regarding child custody are state laws. In case of a divorce, it is the court which has jurisdiction over the proceedings who will determine which parent or guardian gets child custody. In most cases, parents with children under 18 years of age will be required to file for custody in case of divorce or annulment. For children under 21, both parents will be mandated to provide support following the Child Support Standards Act.

Who gets custody?

Child custody is determined on the basis of what the court deems ‘in the best interests’ of the concerned child or children. In cases of parents or guardians separating, the court will decide on which parent will be better able to provide for the child’s needs. Child custody proceedings are child-centered and the standards for custodial awards are designed for the protection of the child.

As long as there is no evidence of misconduct on the part of either parent, their rights to child custody are considered equal. For this reason, the parent’s history, mental state, financial capability and relationship with his or her child will be considered when the court has to make a decision.

In the case of married parents filing for custody or divorce, legal custody of their child or children will be automatically shared between them, albeit temporarily. Sole legal custody to one parent will only be awarded if the court finds evidence that it is really for the child’s best interests.

The court may also schedule specific periods to be followed by both parents, depending on the needs of the child. Older children and those in their teens may need longer time spent with each parent and don’t require frequent shifts between guardians. Younger children, on the other hand, may need shorter and more frequent periods spent with each parent.

Issues that may affect a parent’s request for child custody

Some issues will be considered by the court as evidence that a parent is unfit to have custody of his or her child, including use of alcohol, drugs and illegal substance, mental disorder, desertion, unwillingness or inability to participate in the child’s care and family abuse.

Both past and present evidences of abuse or neglect will be considered by the courts to determine which parent is best suited to have custody of the child. However, this presumption is rebuttable and the abusive parent may challenge it in the court if he or she so wishes.

For a child with unmarried parents, it is the mother who automatically gets custody unless a family court decides otherwise. If the court finds evidence that the parents can perform joint responsibility and can both provide for the child’s best interests, both parents (if they agree) may be awarded with shared physical or shared legal custody.



LAURA

Erik G asked:


My ex wife has now moved twice since our divorce. For three years she lived about 35 miles away, now she lives about 70 miles away. Is there any way that she should be responsible for a portion of the driving, which she refuses to do?

VICTOR

Low Jeremy asked:


Different states treat child custody cases differently. The court has its own rules that they follow in making custody decisions. A New Hampshire child custody lawyer is the one that handles custody cases.

They make sure that every child deserves the best guardian that will guide him as he grows up. He has the right to a good family and a good parent. A New Hampshire child custody lawyer sees to it that the relationship between the parent and the child is mutual.

A parent should be able to provide the child with proper guidance, affection, schooling and love which is the most important of all. However, financial issues about child custody are the main factors that affect the case.

If a parent can give all the nurturing and emotional needs of the child, but is not financially equipped, he might not get the custody that he is fighting for because the other party would always claim that he cannot give the child a fine future and good health.

A parent who is financially poor may not be able to win a case that easily. If he is eager to win the child custody, he might as well look for a job first then after that, he can still claim for child custody. A New Hampshire child custody lawyer will treat this matter fairly and wisely.

A safe environment is what a child needs to cope up with all the things that have happened to his surroundings. A New Hampshire child custody lawyer observes the kind of environment that the child will live in because if it is not a proper place for a child’s growth, they might be forced to move if the parent wants to sustain the custody of his child.

The developmental needs of a child are important for a New Hampshire child custody lawyer. a New Hampshire child custody lawyer makes it to a point that a child will get to meet both of his parents be it at present or in the near future.

He has the right to know his parents so that he can try to see himself and if he is in the right age to decide, he can be able to choose properly according to his own willingness. A New Hampshire child custody lawyer will always suggest good education by enrolling the child in a good school which he can easily adjust with and make friends with.

This is important because the child’s future can be molded by education. A school should be able to bring out his talents and potentials and develop self confidence. If a parent cannot give his child proper education, a New Hampshire child custody lawyer will have to provide solutions and look for probable relief.

A New Hampshire child custody lawyer chooses a parent who has a positive attitude and a positive relationship with the child. A child will always feel comfortable with his mother if they have that closeness. The only problem is when the child possesses a good relationship to both parties and will find it very hard to choose.

In cases like this, a New Hampshire child custody lawyer handles the case. Whatever the result of the case is, a New Hampshire child custody lawyer is sure that it is the wisest decision and judgment.



JAKE

First L asked:


If you are wanting to divorce your spouse, in the state of Oklahoma, can you divorce them?

NATALIE

Low Jeremy asked:


Divorce is regarded as one of the most horrible things that may happen to a couple, especially if a misunderstanding is not resolved immediately. Many individuals are filing their petition for divorce with their respective partners because they cannot resolve their differences anymore. They feel that they cannot stand with each other living under the same roof anymore; they are just uncomfortable seeing and being with each other.

Aside from the legal procedure that needs to be followed, the family is also experiencing emotional distress. The atmosphere will not be as friendly as before, because such divorce petition means separation—one moving out of the house while the other will remain. In addition, if they have children, their custody will also be a subject for argument in the family court. That is the saddest part of a couple filing for a divorce—giving the children to whoever has the better right under the family law.

In the case of child custody, many divorcing couples are getting a child custody lawyer aside from the divorce lawyer for their petition. Most of the states in the country have their own regulations with regards to family law. In California, they have their own set of regulations that applies to child custody cases. That is why if you are residing in California and planning to get hold of the custody of your children in case your husband or wife filed a divorce, you need to hire a California-based child custody lawyer.

Your child custody lawyer will be your representative in California family courts. He or she will be the one to explain to you the possibilities of getting the custody of your children based on the circumstances present as well as the laws and regulations covering child custody issues.

As mentioned earlier, California may differ when it comes to custody regulations; that is why you should hire a child custody lawyer that has wide knowledge when it comes to child custody laws in effect within the jurisdiction of the state.

One of these regulations is the awarding of so-called joint custody between the parents of the children. In California courts, judges are not granting equal time share just because one parent have petitioned on it. The custody will be given to either of the parents based on the existing laws as well as the circumstances presented by their child custody lawyers. Children are not considered to be a community property that needs to be divided equally at all times. In most cases, Californian judges usually awards so-called joint legal custody, where the parents will be agreeing on certain main issues that affects the child like religion and education.

Although there are certain provisions on the California Family Law that grants so-called outright legal child custody to mothers designated to be the primary caretaker, your child custody lawyer can still argue on the possibility of granting the custody in favor of the fathers. However, the odds of getting such favorable decision from California judges still depend on the circumstances presented in the family court.

Divorce is a painful experience for couples, so as arguing about the legal custody of their children. As much as possible, all misunderstanding must be resolved inside the family first. If getting to courts are inevitable, plan every action you will take. Let your California child custody lawyer take care of the matters in family courts and air your side and intentions as well in taking your children under your custody.



MARCUS