Nearly all courts use a standard procedure while deciding the child custody. The procedure always has the childs best interests when deciding who among the parents the child will live with. Sometimes, a court can order both parents to undergo a drug test and if one disagrees, the consequences can be harsh. With some child custody assessment tools, the judge decides which environment is best for the kid no matter what.
Can custody be given to only one parent? This is not a certain outcome. Partial custody can be awarded to both parents which is also called joint custody. It takes three forms. Joint physical custody whereby they spend times with the kids, joint legal custody in which both parents participate in decision making and the last one takes both joint physical custody and joint legal custody.
In the past, custody was awarded to mothers especially of children below five years. But in the recent years most states consider the physical fitness of both parents. Courts will most likely award custody to the parent who has the best interests of the child disregarding the gender. Most divorced parents agree the mother to have custody while the father maintains the visitation rights.
There are instances when one parent moves out and leaves the children with the other parent. This will hurt the chances of the parent who moved out to get custody of the children. This is because he has already sent out a message that he is not suitable for physical custody. The judge will also be reluctant to change the physical location of the kids.
The childs custody depends highly also on the parents lifestyle. If a parent smokes and takes more alcohol than the other, chances are that he/she will not get the custody. A child has to live where his health will not be at risk. There are other social aspects too. If there is a history about child abuse, that would be an immediate red flag.
A parent getting custody has to be able to provide stable environment. The parent has to have the ability to provide the basic requirements like food, shelter, clothes, a good home and also medical care. The bond between a parent and a child is important. A child will most definitely prefer to live with a person he has a strong emotional bond with.
Can a parents sexual orientation affect in getting custody or visitation rights? This solely depends on a state. In some, a persons sexual orientation cannot prevent one from getting the custody of the children or being denied visitation. In some states however, judges will decide while considering the communitys prejudices and where the kid will be more comfortable.
Sometimes, all these dynamics does not favor a parent over the other. What will the court do? The other option for the court is to consider the guardian who will nurture a better bond between the children and the other parent who will not get custody. Most likely the parent will be the primary caregiver since birth and can give the same lifestyle to the children as they are used to.
Can custody be given to only one parent? This is not a certain outcome. Partial custody can be awarded to both parents which is also called joint custody. It takes three forms. Joint physical custody whereby they spend times with the kids, joint legal custody in which both parents participate in decision making and the last one takes both joint physical custody and joint legal custody.
In the past, custody was awarded to mothers especially of children below five years. But in the recent years most states consider the physical fitness of both parents. Courts will most likely award custody to the parent who has the best interests of the child disregarding the gender. Most divorced parents agree the mother to have custody while the father maintains the visitation rights.
There are instances when one parent moves out and leaves the children with the other parent. This will hurt the chances of the parent who moved out to get custody of the children. This is because he has already sent out a message that he is not suitable for physical custody. The judge will also be reluctant to change the physical location of the kids.
The childs custody depends highly also on the parents lifestyle. If a parent smokes and takes more alcohol than the other, chances are that he/she will not get the custody. A child has to live where his health will not be at risk. There are other social aspects too. If there is a history about child abuse, that would be an immediate red flag.
A parent getting custody has to be able to provide stable environment. The parent has to have the ability to provide the basic requirements like food, shelter, clothes, a good home and also medical care. The bond between a parent and a child is important. A child will most definitely prefer to live with a person he has a strong emotional bond with.
Can a parents sexual orientation affect in getting custody or visitation rights? This solely depends on a state. In some, a persons sexual orientation cannot prevent one from getting the custody of the children or being denied visitation. In some states however, judges will decide while considering the communitys prejudices and where the kid will be more comfortable.
Sometimes, all these dynamics does not favor a parent over the other. What will the court do? The other option for the court is to consider the guardian who will nurture a better bond between the children and the other parent who will not get custody. Most likely the parent will be the primary caregiver since birth and can give the same lifestyle to the children as they are used to.
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