For those unfamiliar with the process, child custody is one issue they would just as soon not get involved with. Unfortunately, since divorce brings with it the difficult problems of child custody and other attendant conflicts, people are now needing to learn more about certain aspects of it.
Following are some of the most commonly asked questions from people who are not familiar with the subject. The answers represent responses collected from different child custody attorneys. Certainly, child custody laws are not the same for all states. The following answers are offered in general terms, and 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 is Legal Custody Different From Physical Custody? When a parent has been given physical custody, it means that the child will spend all of his or her time living at home with that parent on a more or less permanent basis. If the custody is ruled as “joint physical custody”, then the child is transferred back and forth between the two 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 typically gives his or her approval to a custody plan once it is agreed upon by the parents. If the parents are not able to agree, they will be required to speak with a counselor or mediator to help them work out a plan. The judge is required to make the decision on any disputed issues that both parties are not willing to resolve.
Can a Child Still See a Parent Not Awarded Physical Custody? The court will usually order that the other parent be given generous visitation rights with the child. However, this will be restricted in cases where domestic violence has occurred, or the where parent’s ability to care for the child is in question.
What Happens When A Custodial Parent Obstructs The Child’s Visit To The Other Parent? The non-custodial parent can ask the court for a “contempt” order. The parent who is denying visitation can receive court sanctions. If it can be proven that it was done intentionally, the non-custodial parent may have grounds to sue to be granted the child’s custody. The judge usually 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.
Download two FREE reports about Child Custody issues, and learn a lot more about how to win in a Child Custody Hearing by going to: Child Custody Reports. There, you will also be able to learn about a Comprehensive Guide to Child Custody Strategies.
