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Legal Child Custody
Children Family & Parenting Magazine Featured Article
When a couple files for divorce, the court decides the guardian of the child who is under 18 years of age. The decision regarding child custody is often a sensitive issue and need to be taken with a lot of care. In most cases, the custody is handed over to one of the parents but in case both the parents are not in a position to look after the child, the custody goes to a relative or orphanage.
For a parent, the most precious thing is his-her child. A parent would seek help of the best attorney to be with his-her child forever. An expert attorney can guide you the best in protecting your rights.
An attorney has a vast experience in dealing with child custody cases. A number of intricacies are involved in such cases that require expert handling that an attorney can provide.
Under the Federal Law, there are five types of child custody:
1. Legal Custody: Under the legal custody, the parent has the right to make decisions regarding the schooling, medical and dental care of the child. In many states, the courts award joint legal custody to the parents. Under the joint legal custody, the decision-making is shared between the parents. Under a joint legal custody, in case one parent takes decision regarding the child without the consent of the other, the other parent might ask the judge to enforce the original custody agreement.
2. Physical custody: It is the right of a parent lives with the child. In some states, there are arrangements where the child spends approximately half the time in each parent's home. The latter arrangement is considered only when there is amiable relationship between the parents.
3. Sole Custody: Under Sole Custody, the custodial parent has physical custody and legal custody of a child, and that the non-custodial parent has only visitation rights.
4. Joint Custody: Parents who live separately can opt for a joint custody, i.e., if they agree.
5. Bird's nest custody: Bird's nest custody is a joint custody arrangement where the children remain in the family home and the parents take turns moving in and out.
Factors in Determining Custody
While deciding for a child's custody, the court gives maximum importance to the child's best interests. The factors on which the decision regarding a child's custody is taken are:
1. The child's age, gender, mental and physical health
2. The parent's mental and physical condition
3. The lifestyle and other social factors of the parents
4. The emotional bond between the child and the parent
5. The parent's ability to guide the child
6. The parent's ability to provide the child with food, shelter, clothing and medical care
7. The child's established living style
8. The quality of the school attended by the child
9. The child's preference, i.e., if the child is above a certain age
10. The ability and willingness of the parent to foster healthy communication and contact between the child and the other parent.
11. The willingness of a new spouse to accept the child
12. Physical or mental handicaps that affect the child's well-being
Ricky Smith is a well established legal expert, currently working with http://www.usalegalcare.com
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.
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 may be awarded with shared physical or shared legal custody.
Bob Janeway is owner of http://childcustody.knowsmart.com/ which is an up-to-date child custody information site.
NC Child Custody Laws
The heart of NC law is to provide and protect a child by doing what's in the best interests of the child. When required NC will rule child custody to the parent or guardian who is deemed by the court to exhibit what is in the best interests of the child.
What North Carolina custody would much rather see is the parents determine child custody and all the details involved.
At the time of research NC law does not require the parent's to present an agreement to the court, as the court will abide by the parent's decision. That brings up a good point, if you and the child's other parent reach an agreement put it in writing, every detail, leave nothing to the imagination. The reason to put the agreement in writing is to show proof.
If you and your ex or soon to be ex do not put a condition of custody in writing and later there is a disagreement and one of you go to court with no proof, they will disregard your claim as a condition, because it was never in writing. Do not take this piece of advice lightly, it very well could come back to cause unneeded or unwanted grief not only to you but your child as well.
Here is an outline of the types of custody and descriptions of each. Custody is divided into 2 sections, legal child custody and physical child custody.
Legal is having the right to make major decisions for the health and welfare of the child including education, medical, and religious decisions.
Legal custody is divided into 2 options.
- Sole legal custody is when a parent is given the exclusive right to make the major decisions.
- Joint legal custody is when both parents share in the major decisions of their child.
Physical if awarded decides whom the child will live with.
Physical custody can be categorized as:
1 Sole physical custody if awarded gives one parent the right for the child to live with them. When this occurs the other parent usually receives visiting rights.
2 Joint physical custody when awarded allows both parents to share in decisions made for their child and for the child to live with both parents. This does not mean your child has to live exactly 50% of the time with each of you.
3 Bird Nesting is when the child stays in the home and the parents take turns living in the house with the child .
In the unfortunate event a parent would have to go to court to enforce a condition of a child custody agreement, the court will not hold either party to exact terminology. What I am saying is if "Both have custody" stands for "Joint custody" in your agreement the court will recognize that.
If there is a hearing, NC allows the court to use a set of factors in determining child custody. Below are a few of the factors including but not limited to:
- Any drug and alcohol abuse by either parent?- Has either parent moved from state?- Either parent shows a history of child abuse?- How much time the parent can spend with the children?- Any Non-marital sexual relationships?- Preference of the children if the judge deems the children is capable of understanding what is being asked.- Does the parent accept and encourage contact with other parent?- How stable are the parents?- Does the parent try to undermine the other parent?
These and any other you can think of should be involved when you and the other parent are deciding on issues and conditions.
Wow as I reread what I just wrote, I am writing from a perspective of both parents working out an agreement themselves. Unfortunately, parents not being able to reach an agreement happen far too many times. Many reasons factor into disagreement's including not accepting ones limitations, anger, resentment, wanting you to regret at all cost, etc.
If this is where you are at now, you need to keep your cool in a way you may find hard to do. I mean I know this is the roughest time of your life and you want to come apart at the seams - DON'T!
Any action or reaction may only make gaining custody of your child harder. Remember the court will rule for the best interests of the child, not the parent. This is no time to do something stupid that you could payfor the rest of your life by losing custody of your child.
Get real life information now that can guide you from not knowing, too knowing in advance. Questions and answers that you not only need to know, but know in advance. Questions like:
- What do I do right now to improve my chances of winning custody?- What behaviors must I exhibit to give me an edge?- Get the answer to this one burning question any parent must have regarding sole custody!- Must know secrets to getting an attorney to do as you say.- Questions that will be asked during a child custody evaluation.- Know the behaviors that judge's look down at.- Learn the 4 facts about child custody mediation that can lessen the likelihood of a drawn out expensive court battle.- Know what to ask a lawyer to see if they are qualified and will fight for you.
Having the answers to these, and other must have information is vital to gaining an advantage to winning custody of your child.
Connor Trautmann is impassioned regarding children and their well-being. The first step to winning child custody is to understand what is involved and needed to win custody of your child; it is not by picking the phone up and calling the first lawyer on the page. Discover how this child custody information System NC CHILD CUSTODY LAWS can save you $2,500 in attorney fees... and help get full custody of your kids. NC CHILD CUSTODY LAWS
Legal Child Custody
Legal child custody entails the right and the responsibility to care for a child. Legal child custody involves parental decision making power over major events in a child's life, such as religion, health care, education, activities, and so on. A non-custodial parent may not stand in the way of the decisions.
Custody of a child is defined in two ways: legal and physical custody. It is important to understand the difference between Legal and physical child rights.
As stated above Legal gives right to parental decisions over major events, physical is referred to as where your child lives most of the time. When sole physical takes place, usually a non-custodial parent is allowed liberal visitations, which can include overnights. If joint physical custody is awarded the child will spend about an equal amount of time in each location.
Parents can largely determine agreement rights when there are no major differences on each side. When considering agreement options, it's very important to understand legal terminology used in custody cases. It should be noted that parents could potentially share joint legal without having joint physical as well as understand no court has tolerance for one disgruntled parent wanting to keep a child away from another parent for vindictive personal reasons. The responsibility if one is seeking sole Legal child custody is to provide facts on why you are the best interest of your children, and not because of personal reasons.
Custody laws are created with your child's best interest at stake. States may grant sole legal custody if they determine one parent is not capable of proper care and upbringing of a child. A few reason reasons for sole child custody would be child abuse, mentally unstable, history of violence or drug abuse. Most states prefer joint child custody when both parents share decision-making powers over their children. A parent can share joint custody while not sharing physical custody.
Legal Child Custody is awarded to parents, stepparents, grandparents, and other legal guardians as determined by state court. Remember child custody rights are awarded based on what is best for your child. Child custody laws can vary greatly from one state to the next. Child custody law matters are nearly all governed by individual states, not federal government.
Child support payments will also be determined where applicable in child custody rights cases. Most child custody cases end amicably, with former spouses agreeing to visitation schedules and support payments from the non-custodial parent. When dealing with child custody or visitation, parents or guardians need to create a both caring and supportive as possible atmosphere. Parents who fail to pay support may be charged with contempt of court, jail time and endure a suspended license.
Unfortunately legal Child Custody every parent is fighting for is a decision that is either cut and dried or usually very hard to determine.
If you as a parent are not prepared or do not know what to do or where to go, you are losing valuable time in this fight. You need to arm yourself with the right information and people. Get straight answers for the following:
*What a person can do right now to help them gain an advantage to win
*Find sources if you are limited financially on where to go to get no cost counseling
*Know how you can change a custody-visitation order, even if you are the non-custodial parent
*Which Key Behaviors you will need to imitate immediately so that you can tip the scales in your favor
*Now if you want sole custody of your children, you must learn this shocking fact
*The single biggest mistake parents make during child visitation and how to avoid it
*True secrets to have attorneys obeying your every command
*Secret questions you must know that will be asked during an evaluation
*Do you have tendencies or behaviors frowned on by judges.
Connor Trautmann is impassioned regarding children and their well-being. The first step to winning child custody is to understand what is involved and needed to win; it is not by picking the phone up and calling the first lawyer on the page. Discover how this information System LEGAL CHILD CUSTODY can save you $2,500 in attorney fees... and help get full custody of your kids. LEGAL CHILD CUSTODY
Child Joint Custody
Child joint is one of four types of custody. The other three are sole, physical and legal. For purposes of this article we will focus on all four types.
Child joint custody is mainly referred to as joint or shared custody and takes place when both parents are responsible for the physical control and both parents are responsible for making decisions based on what is best for the safety and well being of the child.
Joint custody can be broken down into three sub categories:
Joint physical - when the child spends a good amount of time with each parent.
Joint legal - means both parents share in the decisions regarding health, education and welfare of the child. This is not always easy, as it requires both sides to put away their anger and bitterness.
Joint physical and joint legal custody - when both parents stay as active as possible by making the mutual decisions in everyday life for the child as well as seeing the child whenever possible.
Most of the time when parents share physical custody of a child they also share legal custody but many more times than not just because legal is shared does not mean joint physical will be awarded to both parents.
When parents are awarded Child Joint custody it is there responsibility to agree on a schedule that is good for all involved. This schedule will often include each parents work schedule, the children's needs and living arrangements. Once set up the schedule should become a routine so as to make the children involved as secure as possible.
Child Joint Custody if and when it works is under the circumstances the best option. Many more times than not the agreement falls apart and you are in the fight of your life. Any and everything you have said, thought any actions you have taken in the past can and will be used to turn the courts view as favorable toward your ex and make you as unfit as possible.
The only person looking out for you and your children's well being is you, do not kid yourself, if it comes down to it your ex will do whatever is possible at just about anyone's expense especially yours to get custody. For every one person an amicable split has worked out for, their are untold numbers littered by the side of the road that have failed.
Do not be a statistic, do not stand by and graciously accept what will be! Your future relationship with your child is at stake.
Connor Trautmann is impassioned regarding children and their well-being. The first step to winning child custody is to understand what is involved and needed to win custody of your child; it is not by picking the phone up and calling the first lawyer on the page. Discover how this child custody information System CHILD JOINT CUSTODY can save you $2,500 in attorney fees... and help get full custody of your kids. CHILD JOINT CUSTODY
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