Each state bases its custody decisions on this fundamental question: what would be in the children’s best interests? Fathers and mothers must agree on who should be the primary caregiver for their children and handle the essential life decisions. In most cases, parents either share parenting rights or assign them to a single parent.
What Is the Process for Child Custody?
Custody is typically decided during the separation of the parents if they were married. Parents can consent on custody through the following:
- By deciding among themselves or through their attorneys
- Via a mediation process
- Via a collaborative divorce process (for married parents)
If the parents cannot consent, the custody issue is decided by a family court jury. Child custody disputes are often resolved in court before a formal arrangement or declaration concerning custody rights being reached.
Understanding Legal or Physical Custody
Physical Custody: The decision on where the kid will reside and who will look after the child’s everyday needs is known as physical custody. Most courts understand that a divorce between partners or a split between single parents is difficult enough for the children. Other considerations, including where the child lives and what school the kid attends, are prioritized by family courts.
Legal custody: The phrase legal custody or a variation of it is used in many states to specify who makes big decisions about the child. These include his/her schooling, religious upbringing, and medical care.
Forms Of Custody Arrangements
Custody judgments are as diverse as the people that seek them. Your particular situations and family will determine your final custody arrangement. Nevertheless, the following is an overview of custody arrangements:
- One parent has sole legal and physical custody
- Joint legal and sole physical custody
- Both joint legal custody and physical custody
- Joint physical custody with sole legal custody (although rare)
If the court grants sole physical custody to a single parent, the jury will usually set up a visitation schedule. This ensures that the kid can maintain a proper relationship with the non – custodial parent.
Modifying A Child Custody Arrangement
In virtually every jurisdiction, the continuity of a child’s custody arrangements is paramount, making it difficult (though not impossible) for parents to change current custody orders. Nonetheless, the jury recognizes that as kids develop and parents’ lives change, it might be necessary to update the existing orders.
As every state’s process for modifying visitation or custody differs, most involve the seeking parent to show that conditions have changed significantly since the previous order. In addition, the parent should demonstrate that the existing order is no longer in the child’s best interests.
Find Expert Legal Help for Your Child Custody Divorce
Custody battles are often the most emotionally loaded and contested aspects of a separation or divorce. It is vital to speak with your child and assist them in coping with this psychologically trying time in their lives.
If you want to comprehensively understand the process of obtaining custody and prepare for custody disputes, contact The Law Offices of Anthony Carbone. An experienced North Bergen Personal Injury Attorney will advise you on the proper steps to take to ensure you receive full custody of your kids(s).